Illinois man says teen’s games of “ding-dong-ditch” caused emotional distress, weight loss, financial problems: lawsuit

June 30, 2016 By

This ding dong ditch was damn near deadly, a new lawsuit says.

An Illinois insurance agent has filed a $50,000 lawsuit against the family of a teen neighbor who allegedly rang his doorbell and ran away so many times the man suffered financial and health problems.

The suit from Shorewood resident John Wright accuses the 14-year-old ringer of obsessively targeting his doorbell for several weeks, according to Paste. The teen chose Wright, the suit says, because he works with the boy’s father.

The teen “repeatedly rang the doorbell at the Wright residence, then when (Wright) went to answer the door, no one would be at the door,” court papers say.

“(T)his is commonly known as ‘ding dong ditch.’”

The teen darkened the doorway so many times that Wright “suffered severe emotional distress, severe anxiety, sleeplessness, extreme and rapid weight loss, and required treatment medication in order to function in his daily living,” the suit says.

Wright also somehow lost $30,000 in income from the rampant ring, the suit says, though it does not specify how.

Wright eventually called the police over the doorbell games, and the teen confessed to cops that he rang Wright’s doorbell and ran off at least once.

The suit, filed in Wills County Circuit Court last week, names the teen as a defendant, as well as his parents, Rick and Sara Papp

Filed Under: Blog, Personal Injury

Civil Case Arising out of Sandy Hook Elementary School Shooting May Be Coming to Settlement

June 15, 2016 By

It’s been roughly two years since the terrible massacre and shooting of numerous children who were students attending Sandy Hook Elementary in Newton, CT.  Two families of first-graders killed in the attack brought wrongful-death claims against the town and the school district arguing that security measures were not adequate at Sandy Hook Elementary School, allowing Adam Lanza to enter the school and carry out the attack.

The two families have now offered to settle the case for $5.5 million each.

The offer, filed Monday, gives the town and the school district 30 days to accept or reject the settlement. Lawyers on both sides of the case refused to speak about the offer on Tuesday. The two sides are scheduled to be in court for a pretrial conference on June 28.

The parents of slain first-graders Jessie Lewis and Noah Pozner filed their wrongful-death suit against the town and school district following the slayings of 26 first-graders and educators in 2012.

Among the allegations in the lawsuit:

That 20-year-old gunman Adam Lanza was able to get past the locked front doors by shooting his way through a large plate-glass window.

That the school had practiced a lockdown and evacuation plan, but did not implement it during the shooting

That the school failed to train a substitute teacher about the lockdown procedure and did not give her a key to lock her room once she heard shots being fired. That teacher and all but one of her students were killed.

The parents of the slain students — Leonard Pozner and Scarlett Lewis — are involved in the higher-profile lawsuit against Remington, the maker of the AR-15-type rifle used by Lanza. That lawsuit has drawn national attention because it became a debate point in the Democratic presidential primary and because of its potential as a precedent-setting case.

A third lawsuit brought by 16 victims of the 2012 Sandy Hook shooting against the estate of Lanza’s mother was settled in August. Those families received about $94,000 each.

Lanza shot his mother to death before driving to the Sandy Hook school, killing 20 students and six educators, and turning a handgun on himself.

The Lanza home was turned over to the town, which later had it demolished.

Filed Under: Uncategorized

Doctors Who Get Sued Are Likely to Get Sued Again

May 15, 2016 By

A New England Journal of Medical study found that one percent (1%) of all doctors account for 32 percent of all paid malpractice claims, and the more often a doctor is sued, the more likely he or she will be sued again.  Researchers poured over ten years of paid malpractice claims using a federal government database, the National Practitioner Data Bank, which includes 66,426 claims against 54,099 doctors.

The study noted that the distribution of malpractice claims among physicians is not well understood.  However, the authors concluded that if physicians who are repeatedly sued account for a substantial share of all claims, then the ability to identify them at an early stage could assist in efforts to improve care.

RESULTS

The study found that among physicians with paid claims, 84% incurred only one during the study period (accounting for 68% of all paid claims), 16% had at least two paid claims (accounting for 32% of the claims), and 4% had at least three paid claims (accounting for 12% of the claims).  Risks of recurrence appeared to vary widely according to specialty.  For instance, the risk among neurosurgeons was four times as great as the risk among psychiatrists, a statistic that makes sense given the nature of the work at hand.

CONCLUSIONS

The study concluded that over a ten year period of time, a comparatively small number of physicians with distinctive characteristics accounted for a disproportionately sizeable number of paid malpractice claims.

Amazingly, a doctor who had two paid claims was twice as likely to have another as a doctor who had one, and a doctor who had six or more paid claims was 12 times as likely to have another.

As noted above, the study found that specialties matter: Neurosurgeons and orthopedic surgeons were about twice as likely to have a paid claim as internists, while pediatricians were 30 percent less likely to have one.

Additionally, age and sex matter: After accounting for the number of years in practice, doctors under 35 years of age were one-third as likely to have a recurrence as older colleagues, and male physicians had a 38 percent higher risk of recurrence as female physicians.

Importantly, the lead author, David Studdert, found that, “Ninety-four percent of all doctors have no claims, but doctors who accumulate multiple claims are a problem, and a threat to the health care system. Identifying these high-risk doctors is a key first step toward doing something about the problem.”

KEY FINDINGS

  • The average physician spends nearly 11 percent of an assumed forty-year career with an unresolved, open malpractice claim.
  • The long time it takes for a case to be resolved is distressing for both doctor and patient.

RECOMMENDATIONS

  • Malpractice reforms also need to focus on the time required to resolve claims.
  • The think tank, Rand, found that the U.S. malpractice system is widely regarded as inefficient, in part because of the time required to resolve malpractice cases. Analyzing data from 40,916 physicians covered by a nationwide insurer, Rand found that the average physician spends 50.7 months, almost 11%, of an assumed forty-year career with an unresolved, open malpractice claim. Although damages are a factor in how doctors perceive medical malpractice, even more distressing for the doctor and the patient may be the amount of time these claims take to be adjudicated. Rand concluded that this fact makes it important to assess malpractice reforms by how well they are able to reduce the time of malpractice litigation without undermining the needs of the affected patient.

Sources: http://www.nejm.org/doi/full/10.1056/NEJMsa1506137; http://www.rand.org/pubs/external_publications/EP51278.html

Filed Under: Medical Malpractice, Personal Injury

What Leads to Medical Malpractice?

April 21, 2016 By

Medical technology has evolved in amazing ways that effectively extend our lives.  However, with that technology sometimes comes risk, and there are over 225,000 patients who die while receiving medical treatment due to malpractice.  This renders medical malpractice as one of the top ten causes of death.  There are several types of medical malpractice, as explained below. shutterstock_1772386

Negligence

Medical malpractice cases constitute a specific type of negligence claim. In such cases a plaintiff needs to prove: there was a duty for the medical practitioner to care for the patient; there was a breach of that duty; the actions or non-action of the medical practitioner caused some injury; and damages.  This is true of any normal negligence case, but what sets medical malpractice cases apart is that there are specific written standards of care set forth and required by professional medical boards and other governing bodies.  In medical malpractice cases, the central issue often becomes whether the medical professional adhered to or deviated from the standard of care.  If there is an unwarranted deviation from that standard of care, the breach of duty element will frequently be met.
These standards were created largely to ensure the same processes are followed to keep negligence to a minimum, which has the effect of minimizing the health care professional and the facility administration from litigation in most cases when followed meticulously. These standards give medical care professionals some leeway, because not every patient or case is the same, but many procedures that are performed are now routine and followed by all professionals in the medical field.  The regulations also ensure medical professionals not only do the job correctly, but it also follows that lawsuits may then be dismissed when there is evidence of standard treatment or actions taken during procedures. A successful plaintiff proves that a medical professional deviated from these standards, or made a mistake in diagnosis, treatment, dosage or some technique.  A plaintiff will typically employ a medical expert to explain what the standard of care was, and in what way the medical professional deviated from this standard.

Surgery

It is natural to be nervous and apprehensive about undergoing any surgical procedure, and certainly we have all heard stories from friends and family of procedures gone awry.  No matter how routine, every surgery comes with certain risks. Some patients mistakenly believe that only inexperienced or new doctors make mistakes in surgery.  While it is accurate that experience lowers risks in terms of miscalculations, the truth is that any surgeon can make a mistake at some point during surgery. Again, a successful plaintiff will show a breach in the standard of care; that is, proof that the surgeon made a mistake during the procedure that was unjustified.

Elective Procedures

Some believe that elective surgery is harmless, but all surgery carries risks and potential dangers.  Severe injury can occur when undergoing elective procedures, such as breast augmentation or reduction, bypass surgery, lap band and even liposuction.

Litigation

As noted above, a plaintiff will typically use a medical expert to help establish a deviation from standard procedure and negligence.  These medical experts can help strengthen medical malpractice claims by determining where errors occurred, such as incorrect dosages, techniques used during surgery, or understaffed hospitals that led to delayed diagnosis or other problems.

Contact an Attorney

When any type of malpractice is suspected, it is best to contact a lawyer immediately. Due to the statute of limitations, injured parties have a specific period of time in which to file a claim or the claim can be barred from bringing brought to court. Contact the Law Offices of Stuart L. Plotnick today to discuss your claim.
Source: http://www.hg.org/article.asp?id=26470

Filed Under: Medical Malpractice, Personal Injury, Wrongful Death

Distractions, emotions and fatigue play a role in many auto-accidents

April 20, 2016 By

You can quantify auto accident-related information any way you want to, and even include data showing that fatal roadway outcomes are trending downward in recent years.

But there’s still a flatly troubling baseline reality that any person with a glass-half-full perspective on roadway safety must deal with when it comes to traffic on America’s streets and highways.

And that is this, as noted in a recent media article discussing distracted driving and deadly automobile crashes:  “[F]atal accidents, although declining, are the leading cause of death among Americans 5-24 and the second leading cause for everyone older.”

It is simply the case that American motorists’ long-term love affair with automobiles has been coupled with tragedy on a vast scale from the moment that passenger cars and trucks were first introduced. Reportedly, 32,675 people across the country died in vehicle-related crashes in 2014. On an “average” day of the year, that extrapolates to nearly 90 deaths.

Although that is of course 90 too many, a study entailing what is described as the “most recent, in-depth research” on accident causes suggests that materially reducing that number might be more akin to a utopian vision than a plausible reality.

And here’s why, essentially: Humans are, well, human. The aforementioned research shows that drivers are unsurprisingly prone to making mistakes, continuing to drive while tired, staying behind the wheel when emotional and often unduly entranced by distractions.

In fact, the recent research findings point to the presence of one or more such factors in about 90 percent of all crashes.

What is going to — what can ever — change that? Robotic cars will of course make a difference, but there’s clearly work remaining to be done on that front. Evolving safety-enhancing technologies like avoidance-collision systems and automatic braking are making a difference, even now.

The bottom line is that motorists will always bring some frailties to the driver’s seat. Smarter technologies, better roadway engineering, meaningful enforcement measures and consistent/ongoing educational efforts will have to be collectively employed to materially improve accident outcomes and curb the aforementioned dire crash-related numbers.

Filed Under: Car Accident, Fatal Motor Vehicle Accidents

Dangerous Driver Causes Fatality

April 5, 2016 By

A $7.5M wrongful death lawsuit has been filed over the death of a 19 year old cyclist in Ohio. The boy was riding his bike in June when he was struck and killed by a 64-year-old driver.  The lawsuit contends that the driver was a “dangerous driver who knowingly endangered the community.” According to news sources, the driver has a history of medical problems which impaired his ability to drive. Specifically, eight weeks prior to the fatal collision, the driver’s eye doctor informed him that his poor vision made it unsafe for him to drive.

The Toledo Blade reported that the driver “told the police he was going 45 miles an hour.”  However, “the black box recording demonstrates he was going 55 miles an hour both before, after, and while he hit [the cyclist.] He never slowed down a bit.”  The Blade reported an eyewitness saw the cyclist get struck, and said the driver never made an attempt to slow down or swerve. The Blade also noted that the driver has received multiple violation citations, including speeding tickets. He was also involved in a crash where he rear-ended a family dropping off children at a day-care facility on the same road where the cyclist was killed.

While alcohol was not a factor in the foregoing fatal collision, it is often a component in accidents.  In fact, the majority of traffic-related deaths are caused by drunk drivers. Besides staying off the road when you are under the influence of alcohol and other prescription and non-prescription medications, and any other time a medical professional advises you to, here are a few other dangerous practices to avoid while driving.  Driving, after all, is a dangerous business at times.

  1. Avoid driving tired. Drowsy driving is every bit as dangerous as drunk driving.
  2. Avoid speeding. Speeding is the second leading cause of traffic fatalities after drunk driving. According to a 2005 study by the Insurance Institute for Highway Safety, “The relationship between vehicle speed and crash severity is unequivocal and based on the laws of physics.”
  3. Avoid distracted driving. NHTSA estimates that there are 660,000 distracted drivers on the road most of the time. Put on your make up, eat your bagel, and text your girlfriend before or after your ride.
  4. Driving too fast for weather conditions. When the weather gets bad, slowing down is the best way to avoid an accident.
  5. Avoid following tractor trailers too closely. Following closer than 150 feet behind a truck is really dangerous. Even that distance gives a driver less than two seconds to react if the trucker suddenly slams on the brakes.
  6. Avoid reckless driving. This includes various activities such as swerving, weaving, passing on the right, accelerating and braking suddenly, and driving slowly in the left lane on the freeway. Many states consider driving 20 mph or more over the speed limit reckless driving.
  7. Do wear your seat belt. NHTSA reported that seat belts saved more than 75,000 lives between 2004 and 2008.
  8. Make sure you yield the right of way. The Insurance Institute for Highway Safety says that failure to yield the right of way is the top cause of accidents among drivers aged 70 and older, particularly on freeway merge ramps.

Take care out there on the roads!  Not all accidents can be avoided, but doing all you can to stay safe helps.  In the unfortunate circumstance that you or a loved one is involved in a motor vehicle accident, please contact the Law Offices of Stuart L. Plotnick today for a free consultation.
Sources http://www.toledoblade.com/Courts/2016/03/28/Bicyclist-s-family-files-wrongful-death-suit.html#UA1xKqxoAPhqM4PV.99; and http://www.roadandtrack.com/car-culture/features/a4418/feature-the-9-most-dangerous-things-drivers-do/

Filed Under: Car Accident, Personal Injury, Wrongful Death

Slip and Fall Liability

March 23, 2016 By

slip and fall

Filing a legal claim on the basis of premises liability, for example, when you slip and fall in a store, is worthwhile only when the value of the case is high enough.  In other words, if after the winning the case and paying your attorney, will you be compensated enough to justify the time consuming and oftentimes difficult litigation process?  We consider the following principles.

First, any business that opens its doors to the public is legally obligated to keep its patrons and visitors reasonably safe.  Whether you visit a giant powerhouse like Walmart, Target or Costco, a supermarket chain such as Safeway, or even a smaller business that invites the public in, there is a legal duty to keep customers safe.  If you are hurt in a slip and fall on a store’s premise, you may have a valid legal claim against that business.

Sometimes, these accidents are simply accidents, and no one is to blame. Often, however, it’s poor maintenance, failure to clean up, faulty railings, or some other dereliction in care that results in slip and fall injuries. Several factors can be considered in most slip and fall cases.  For example, snow or ice in the entry way, failure to place a floor mat in the entry on a rainy day, display items that are poorly placed, inadequate lighting, or a spilled substance or broken item which has been there for a significant length of time can all cause slip and fall accidents. Below are some noteworthy examples of slip and fall settlements:

Home Depot Fall Injury Case Verdict: $950,000

A woman’s knee was injured after her cart hit a manhole cover which was hidden by water, tipping over the cart. Although Home Depot claimed the dangers were obvious, the jury found Home Depot to be 95% at fault, and ordered them to pay $950,000 for the woman’s knee injuries.

Walmart Injury Case Verdict: $600,000

At a New York Walmart, a 34-year-old medical secretary slipped on ice and fell while walking around the store’s premise. After she fell, she was also hit by a falling sheet of ice which had slid off the metal roof above her. She sustained a severe injury to her left arm that required surgery and prevented her from using her hand. Walmart claimed that an employee told the woman to stay inside, but she failed to heed the warning. Walmart also claimed that, that contrary to her claim, the roof was properly designed.  The jury awarded the 34-year-old medical secretary $600,000 for her slip and fall injury.

Sam’s Club Injury Case Verdict: $3,960,000

In a Michigan case, a 54-year old heart surgeon tripped over the tongue of a trailer hitch in a Sam’s Club parking lot while carrying a large bulk package of paper towels. The surgeon suffered a spinal injury, which caused his hands to shake continually. The fall injury ended his career. The surgeon alleged the trailer hitch should have been cordoned off or marked with a cone. He received $3.96 million for loss of future income.

Other examples of slip and fall settlements found from various new outlets include:

  • $2 Million Awarded to family for hospital fall of elderly patient
  • $70,000 to girl for foot injuries received during gym class
  • $18 Million to medical student for open manhole injury
  • $300k for fall at PetSmart store

Liability for a Slip and Fall in a Store

Slip and fall cases are extremely common, but not all result in such huge settlements as those noted above. Moreover, not all cases are won by the plaintiff.  Broadly, the business owner may be liable if the condition was known, but no steps were taken to remedy the situation.

For example, if a customer breaks a bottle of apple juice in a grocery store, and another customer immediately slips and falls, there will likely be no premises liability, as the store did not have adequate notice or time to remedy the situation.  On the other hand, if some time went by and the store was advised of the spill or should have discovered it and did nothing, and another customer slipped and fell, then there is a good possibility of liability.   At the same time, the plaintiff must also prove that the condition at issue was not so obvious that he or she could have avoided or mitigated the incident.

If you were injured in a slip and fall accident in or near a store, contact the Law Offices of Stuart L. Plotnick to discuss your claim.

Sources: http://www.injuryhelpline.com/blog/slip-fall-store-injury-cases-settlements/#more-1044

http://www.slipnomore.com/Slip_and_Fall_Verdicts

Filed Under: Personal Injury, Premises Liability

The Trouble With Ridesharing…

March 18, 2016 By

Ridesharing is a way by which coworkers can reduce the expense of commuting by travelling to work together.  Traditional carpooling is one example of ridesharing, as are walking, using public transportation, vanpooling, and even riding your bike. The big advantage of ridesharing is the environmental and financial savings due to reduced gasoline usage.  Some companies encourage their employees to rideshare, by offering incentives or discounts.  Additionally, there are ridesharing websites, such as www.rideshare.com, that help those interested in ridesharing find others in their situation or location.  It all sounds great, until we consider how insurance plays a role.

ws-carshare-full

If you’ve filled out an insurance application lately, you might recall that you need to answer in terms of the exact type of driving that you are doing.  The insurance companies seek information not just in terms of your mileage, and whether you drive in the city or in a town, but also how you use your vehicle.  In fact, some insurance companies even include a question addressing whether you intend to use your car for ridesharing.  That’s all fine if you know how you’re going to use your car right off the bat; but what happens when you rather suddenly decide that ridesharing makes sense for you?  For example, you decide to work as a contractor for a ridesharing company, or a company such as Uber?

If you are driving and get into an accident, you might find, unfortunately, that any passengers looing to your insurance on the vehicle are not covered.  For instance, if the insurance company discovers that you and your passengers were involved in a ridesharing carpool, it might deny your claim, and the claims of your passengers.  Avoid this situation, by reviewing your insurance policy.  Has your insurance company defined ridesharing and notified you that if you choose to engage in ridesharing, you must provide them with notice?  Additionally, your premium might be adjusted to cover the additional risk.

If you chose to rideshare, there are many obvious benefits, but you should take care to notify your insurance agency in writing and see if there are any additional steps you need to take, to ensure you are adequately covered.   Moreover, if you the passenger in a ridesharing group, you probably want to make sure that your driver has adequate coverage and has notified his or her insurance company.  Also, as a passenger, you can check to see that you yourself have adequate uninsured and underinsured motorist coverage on your own vehicle.  Such coverage can protect you in an accident even when you are not the driver.

At the Law Offices of Stuart L. Plotnick, we want Maryland and Virginia drivers to take care and understand the automobile insurance they purchase to protect themselves, family members, friends, and coworkers. Don’t make the mistake of ridesharing and assuming that all will be well.  Do your homework, ask the right questions, and properly notify your insurance company of any changes in your driving status.  If you have been injured in an automobile collision and you have questions about your next steps, please call and speak with Attorney Plotnick today.

Sources: http://www.andersonhemmat.com/denvers-personal-car-accident-injury-blog/ridesharing-is-it-an-alternative-to-driving-alone-or-an-insurance-nightmare; and http://www.rideshare.com

 

 

Filed Under: Car Accident

EEOC Files First Sexual Orientation Lawsuits

March 15, 2016 By

The Associated press reported that the Equal Employment Opportunity Commission (EEOC) has sued on behalf of employees challenging sexual orientation discrimination for the first time.  The agency alleges that two companies’ employees were harassed because of their sexual orientation.

The Lawsuits

The EEOC Philadelphia office filed a lawsuit against Scott Medical Health Center after a gay employee quit when his supervisor used anti-homosexual slurs in the workplace.  The EEOC also filed a second separate lawsuit in Baltimore following the termination of a lesbian employee of Pallet Companies (a subsidiary of IFCO Systems NA).  The employee complained her manager made comments about both her sexual orientation and her appearance. The employee, Yolanda Boone, whose sexual orientation was known to her co-workers, said her supervisor made numerous comments regarding her orientation and appearance, including “I want to turn you back into a woman” and “You would look good in a dress,” according to the lawsuit.  The lawsuit also states that Ms. Boone’s supervisor blew a kiss at her and stuck out his tongue in a suggestive manner, the EEOC alleges in the lawsuit.

The Baltimore lawsuit indicates Ms. Boone was hired in September 2013 as a forklift operator.  She was apparently harassed for weeks while working the night shift, according to the lawsuit.  The lawsuit further contends that Ms. Boone’s supervisor harassed her because he “objected generally to females having romantic and sexual associations with other females, and objected specifically to Boone’s close, loving association with her female partner,” the lawsuit said.

The company, through its regional general counsel, Jay Frye, responded, “We strongly disagree with the allegations made in the lawsuit…While we cannot comment publicly on this matter, we will vigorously defend against this litigation.”  He further stated “Pallet Companies is committed to providing a work environment in which everyone is treated fairly and with respect, regardless of sexual orientation, sexual identity, gender, race, nationality, age, disability, religion, marital status or political opinion.”

David Lopez, the EEOC General Counsel, stated the Agency is “committed to ensuring people aren’t discriminated against in workplaces because of their sexual orientations.”  According to the EEOC, the agency filed both lawsuits after failing to reach settlements with the employers.

The Law

The Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sex, race, color, national origin and religion, but does not speak to sexual orientation. In these two novel lawsuits, the EEOC contends that discrimination based on sexual orientation is covered by the prohibition against discrimination based on sex.

Nancy Modesitt, an associate law professor at the University of Baltimore School of Law, reported that courts have recognized discrimination in cases based on gender stereotyping, but the EEOC is attempting to take that farther.

Over 30 states, including Maryland, prohibit employers from discriminating against at least some members of the lesbian, gay, bisexual and transgender community in the workplace, but the legislation is uneven.  Additionally, hundreds of companies have voluntarily adopted internal policies prohibiting discrimination based on sexual orientation and gender identity.  Again, no federal statute currently speaks to such protections.

The EEOC’s national strategic plan makes it a priority to address problems that lesbian, gay, bisexual and transgender employees face in the workplace.

The Law Offices of Stuart L. Plotnick specialize in employment law.  For a free consultation, please contact 301.251.1286 today.

 

 

Filed Under: Employment Law

Johnson & Johnson pays $72M in talcum powder lawsuit

February 29, 2016 By

J&J talcPharmaceutical company Johnson & Johnson was ordered to pay $72 million in damages ($10M in actual damages and $62M in punitive damages) to the family of a woman who died from ovarian cancer in 2015.  This Alabama woman had reportedly used baby powder and other talcum power products for over 35 years.  In its natural form, talc can sometimes contain asbestos, which is known to cause cancers in and around the lungs when inhaled. However, since the 1970s, no talcum products sold in the U.S. have contained asbestos.  The evidence around asbestos-free talcum products and cancer risk is more unclear.

The American Cancer Society reports that the outcome of research into the potential link between talcum powder and ovarian cancer is mixed, as some studies found a slightly increased risk in women who reported using talcum powder in the genital area, while other studies reported no increased risk at all.  Experts note that those studies finding an increased risk might not be highly accurate, because they relied on the subjects’ memory of talc use many years prior to the actual study.

Baby Powder made from cosmetic talc is one of Johnson & Johnson’s oldest products and a longtime part of baby care rituals.  Their baby powder continues to be popular with adults as well, and in many parts of the world, it remains an essential part of makeup and skin care routines.  Talc is also used in toothpaste, chewing gum, aspirin, and other consumer products.  The company says, “With over 100 years of use, few ingredients have the same demonstrated performance, mildness and safety profile as cosmetic talc.  Our confidence in using talc reflects more than 30 years of research by independent scientists, review boards and global authorities, which have concluded that talc can be used safely in personal care products.  Various government agencies and other bodies also have examined talc to determine the potential for any safety risks, and none have concluded that there are safety risks.  In fact, no regulatory agency has ever required a change in labeling to reflect any safety risk from talc powder products. “

During the Johnson & Johnson trial, the woman’s lawyers alleged Johnson & Johnson was knowledgeable of the potential risk of using products containing talc for feminine hygienic use.  The AP reported on a 1997 internal memo from a company medical consultant that said “anybody who denies” the risk of using hygienic talc and ovarian cancer is “denying the obvious in the face of all evidence to the contrary.”

Carol Goodrich, a Johnson & Johnson spokeswoman, said the company stands by the talc used in all “global products” and they are “evaluating” their legal options.  The company is expected to appeal the verdict.

“The recent U.S. verdict goes against decades of sound science proving the safety of talc as a cosmetic ingredient in multiple products, and while we sympathize with the family of the plaintiff, we strongly disagree with the outcome,” Goodrich said in a statement.

Nora Freeman Engstrom, a Stanford University law professor, told AP the decision “doesn’t bode well” for the company, which is facing 1,200 still-pending lawsuits.

Sources: http://www.cbsnews.com/news/johnson-johnson-verdict-can-talcum-powder-really-cause-cancer/

http://www.usatoday.com/story/money/nation-now/2016/02/24/johnson-johnson-lawsuit-baby-powder-talcum-ovarian-cancer-link/80845030/

http://www.safetyandcarecommitment.com/ingredient-info/other/talc?&utm_source=google&utm_medium=cpc&utm_campaign=J%26J+-+Talc+Powder&utm_term=johnson%27s%20baby%20powder%20safety&utm_content=J%26J+Talc+Safety+-+B|mkwid|sbSgO72Yo_dc|pcrid|85363849814

 

 

Filed Under: Products Liability

New “Smart Helmets” Help Keep Motorcyclists Safer

February 19, 2016 By

smart helmetCurrently, 19 states (including Virginia and Maryland) and the District of Columbia have laws requiring all motorcyclists to wear a helmet, known as universal helmet laws. Laws requiring only some motorcyclists to wear a helmet are in place in 28 states (for instance for those riders 17 or 18 years of age and younger). There is no motorcycle helmet use law in three states (Illinois, Iowa and New Hampshire).  The requirement that riders were a helmet is an attempt to prevent catastrophic head injuries to motorcyclists involved in accidents.

It would seem that any helmet is better than no helmet, researchers have developed a so-called “Smart Helmet,” to better protect motorcyclists.  Reuters reported that a new option in safety gear is available for purchase.  At around $600 consumers can buy “reality helmets” that offer built in 180⁰ “blind spot” camera and “Heads-up” display for “unparalleled situation awareness and safety.” Some helmets will even come with collision warning systems.

The “smart helmet” was designed by a man who survived a motorcycle accident himself.  Marcus Weller, worked toward realizing his dream of developing a safer, smarter helmet to help protect those on motorcycles.  In sum, the blind spot camera removes blind spots, and gives riders a better chance of avoiding unseen conditions that might cause accidents.  While this is a fantastic step in the right direction, even the smartest helmet on the market won’t help the motorcyclist who wasn’t seen by another driver, or didn’t realize the motorcyclists had the right of way.

Recently, in 2013 motorcycle fatalities fell 6.4 percent to 4,668 from 4,986 in 2012. In 2013, 56 out of every 100,000 registered motorcycles was involved in a fatal crash, compared with only 9 out of every 100,000 passenger cars, according to the National Highway Traffic Safety Administration (NHTSA).  Motorcyclists should always wear the gear that makes they feel the safest.  At the same time, they always need to be aware that there are d angers on the road that cannot be prevented, to which they can fall victim.  When a motorcyclists has been injured in a collision with another motor vehicle, they have every right to obtain the compensation they need to make themselves whole again after the accident.  If you or a loved one has been injured in a motorcycle accident, call the Law Offices of Stuart L. Plotnick today for a free consultation.

Sources: http://www.motorcycleaccidentlosangelesattorney.com/blog/2015/11/new-smart-helmet-available-in-time-for-holidays.shtml

http://www.skully.com/

Reuters, “Smart helmet gives you eyes on the back of your head,” Ben Gruber, Nov. 12, 2015

 

 

Filed Under: Uncategorized

Traffic Incidents on the Rise – Stay Safe on the Roads this Holiday Season

December 4, 2015 By

 

The weeks between Thanksgiving and New Year’s Day are arguably the busiest of the year. Among other things, families are planning trips to visit relatives to make the holidays the most wonderful time of the year.  Yet, after decreasing for the past decade, traffic deaths increased 8% in the first half of the year, leading the nation’s experts to find ways to stem the human errors that result in 94% of all accidents.

holiday car pic

Interestingly, when the official numbers came out for 2014, they showed a small decline (0.1%) in fatal crashes.  However, this year, perhaps due to lower as prices and an improving economy, people are traveling more.  In fact, Americans, traveled 1.54 trillion miles in the first half of 2015 alone, which is an increase of 3.5% from last year, says the Federal Highway Administration (FHA).  National Highway Transportation Safety Administration (NHTSA) head Mark Rosekind believes that the increase in accidents is not due to more cars on the road and more miles being driven.  He posited that texting and other distractions involving smartphones were to blame (in additional to the usual suspects of drunk and drowsy driving).

In these fast-paced weeks, it’s easy to move so quickly that we forget some safety basics.  First and foremost, it’s truly best to simply turn your phone off, or otherwise place it out of reach (the backseat, for example).  Better to be miss a text or call, than to be liable for causing an accident.  Just one distracted moment can cause a great deal of harm. Taking a moment to remember simple safety tips can help keep your holidays safe and your memories joyous and fun.

As you plan the holidays, General Motors and its partners set forth these Seven Tips for Safe Holiday Travel:

  • Remember to buckle up every ride, every time, whether it’s the long trip to visit family or around the block to the mall.
  • Shopping center parking lots are busier during the holidays. Be aware of distracted pedestrians and drivers who may not be paying attention to you, especially when backing out of parking spaces.
  • For parents of teens, remind them to be extra alert during this holiday season, when conditions are more challenging even for experienced drivers.
  • Commit to keeping your electronics out of your hand. No text message or playlist is worth the risk.
  • If you are headed to a party and plan to drink alcohol, designate a driver or use a car service to make sure you get home safely.
  • Expect the unexpected. You never know when you have to stop abruptly, so keep hot foods, large gifts and anything that can become a projectile in the trunk.
  • Remember when traveling in large groups, all vehicle occupants need their own seat belt or car seat, even for short rides.

And in the unfortunate instance when something does go wrong, the Law Office of Stuart L. Plotnick can help.  Call 301.251.1286 for a free consultation to protect yourself and your loved ones.

Filed Under: Car Accident

An Explanation of the Personal Injury Case Process

November 13, 2015 By

Most of us will go through life never having to hire an attorney for anything more than the drafting of their will.  The thought of having to hire an attorney and file a lawsuit after suffering a personal injury can be daunting and fraught with stress.  The thought of fighting in court to be made whole after an accident might be enough to stop a few of us from ever reaching out for help in the first place – but it shouldn’t.  A brief explanation of the lawsuit process can help ease misconceptions and fears, and is less stressful than many believe.

The Reason Behind the Lawsuit

Usually, a personal injury lawsuit will commence soon after someone suffers an injury, or learn that’s that they have been injured.  An important factor in filing a personal injury lawsuit is when the injured party discovered they have been harmed; in certain cases, this might be years after the harm was initially suffered (for example, in the case of some prescription drugs).

Following an accident or being injured, parties will often have medical and other expenses to pay for.  Depending on the injury and harm done, an injured party might find that they can no longer work, and will have to face lost wages.  Additionally, an injured party can face other monetary losses, and a diminution in their enjoyment of life.  Recovery of these costs is the point of a lawsuit, are termed “damages.”

Hiring an Attorney

Once a party determines they have been injured, and that there are damages for which they should be compensated, the next step is to talk to, and possibly hire, a personal injury attorney.  The lawyer will a range of questions about the case, including the circumstances giving rise to the injury, the extent of the injuries, and any evidence in support of the injured party’s claims.  At that point, the attorney can determine the best course of action for each unique case.

 The Discovery Process and the Lawsuit

In the vast majority of cases, an attorney will not file a lawsuit right away.  Rather, the attorney will send something called a demand letter to the injuring party. The demand letter states what the injured party wants in compensation for their losses; as well as the reason that the other party should pay.  The demand letter will also set forth the legal basis for the case.

If there is not an agreement or resolution after the other party receives the demand letter, then the lawsuit process might begin. The injured party’s attorney will go to the local court and file a complaint.  From there, a series of steps will occur, including gathering information, and negotiating with the other side to see if a settlement can be reached.  A lawsuit will go to trial only if both sides cannot come to an agreement regarding the outcome of the case.

If you or a loved one have been injured, please contact the Law Offices of Stuart L. Plotnick at 301.251.1286, for a free consultation today.

 

 

Filed Under: Uncategorized

Presumption of Negligence in Rear-End Accident Cases to Change?

August 12, 2015 By

In a case reviewed by the Eighth Circuit, Lopez v. United States, the Court of Appeals discussed the presumption of negligence that typically stems from a rear-end vehicular accident; that is, when one driver rear-ends another driver. In the instant case, the plaintiff sought monetary damages from the U.S. government after her vehicle was rear-ended with that of a postal employee.

From the facts given in the Eighth Circuit’s opinion, it seems as though the plaintiff was riding in a vehicle being driven by a friend. The Appellate Court stated that their lane was merging into another lane of traffic at an intersection. The plaintiff’s friend merged into the lane in which a postal truck was driving. Unfortunately, the postal truck rear-ended the plaintiff’s vehicle. Ultimately, the vehicle in which the plaintiff was riding was able to be driven home by its owner. However, the plaintiff then sued the U.S. government and asserted that the postal employee was negligent in rear-ending the vehicle in which the plaintiff was riding. She relied upon a Missouri law presumption that assumes the driver crashing into the rear of another vehicle is negligent and presumed to be at fault. Given the circumstances of this case, however, the Eighth Circuit court did not apply the presumption and found for the defendant.

The Eighth Circuit stated that a presumption of negligence does exist, but the court refused to apply the presumption in the Lopez case since it did not find the plaintiff’s version of the facts to be credible and disputed the facts of the case as presented by the plaintiff. The court noted that the postal employee probably did not have enough time to be able to come to a complete stop due to the rapid merge by the plaintiff’s vehicle. The Court also relied upon a police officer’s testimony. The police officer expressed his professional opinion that it was more likely that the accident was caused by the plaintiff’s friend’s rapid merge, as opposed to any negligence on the part of the postal worker.

Maryland Law Presumptions of Negligence

Maryland law holds presumptions of negligence similar to that found in Missouri. Like the Missouri presumption, in Maryland, when a driver rear-ends another vehicle, the driver who crashed into the rear of the other driver is presumed to be at fault. Be sure to note that this is only a presumption of negligence, and can definitely be overcome with evidence or testimony showing the non-negligence of the defendant, or the negligence of the plaintiff. To learn more about presumptions of negligence in Maryland accident cases, or to obtain legal assistance if you or a loved one have been involved in a vehicular accident, contact the Law Offices of Stuart Plotnick today.

(Source: http://www.marylandaccidentlawblog.com/2015/07/federal-appellate-court-discusses-presumption-of-negligence-in-rear-end-accident-cases.html#more-1292)

 

 

Filed Under: Car Accident, Personal Injury

Res Ipsa Loquitor Becoming an Afterthought?

August 12, 2015 By

Res Ipsa Loquitor, latin for “the thing speaks for itself,” is a tort principle that allows plaintiffs to meet their burden of proof with what is, in effect, circumstantial evidence. The plaintiff can create a rebuttable presumption of negligence on the part of the defendant by proving that the harm would not ordinarily have occurred without negligence, that the object that caused the harm was under the defendant’s control, and that there are no other plausible explanations.  In the vast majority of tort cases, a plaintiff must prove exactly what was negligent about the defendant’s conduct.

In a few increasingly rare situations the doctrine of res ipsa loquitor shifts the requirement to the defendant to demonstrate that she or he acted properly. As indicated above, certain events are said to “speak for themselves.” For example, if a brand new chair collapses when an individual sits upon it, one might argue that the thing speaks for itself. A brand new chair should not collapse absent some negligence on the part of the manufacturer.

The Anglo-American legal doctrine of res ipsa loquitur arose from an 1863 English case in which a pedestrian was hit by a barrel of flour falling from the upper floors of a warehouse that was solely occupied by the defendant. In that case, the plaintiff was not able to present evidence of exactly how the defendant was negligent, as the plaintiff was not present in the upper floors of the warehouse at the time of the accident. Despite being unable to meet the traditional burden of proof, the plaintiff won his lawsuit under a presumption of negligence, because the defendant could not provide an explanation for the event (Byrne v. Boadle).

The present day U.S. courts are reluctant allow a plaintiff to shift his own burden of proof onto the defendant, that is, requiring the defendant to prove he acted properly. Legal scholar Brad Reid, Senior Scholar, Dean Institute for Corporate Governance and Integrity, Lipscomb University, cited the following fifteen examples, randomly selected from over one hundred 2015 U.S. court decisions, in which the plaintiff was unable to successfully assert res ipsa loquitur, meaning that these events did not “speak for themselves.” Here, the plaintiffs were required to prove the defendant’s negligence:

. Livestock on the highway were hit by a car.

. A mis-leveled elevator caused a fall.

. A patient with a fractured pelvis was improperly diagnosed.

. A newly installed HVAC system caught on fire.

. A city sewer system overflowed into a home after a two-day rainstorm.

. Airborne chemicals came from installed spray-foam insulation.

. Four foreign objects were left in a patient’s abdomen during a 1999 surgery.

. Fireworks mortar shells launched at a July 3 celebration injured the audience.

. A jail trustee was injured in an explosion while attempting to relight a gas-fired furnace.

. A house fire was caused when a squirrel was in an electrical transformer on a power pole.

. A conscious patient saw a drainage tube removed; however, part of the tube remained in his body.

. A newspaper delivery man was injured when a step collapsed at an apartment complex.

. A patient asserted improper post-surgery care.

. Air bags failed to deploy in an automobile accident.

. A tree stand collapsed when the ratchet straps failed.

 

Courts appear to be more and more hesitant to allow a case to go to a jury when res ipsa loquitur is the basis for liability. This development may be in part due to current legislation, particularly in the area of medical malpractice, which limits the grounds for recovery. It may also be due to the progress and development made in science and technology which now allow plaintiffs’ to actually prove defendants’ negligence. For example, in the case of a wine glass shattering in the hands of a proprietor, the plaintiff was able to hire an expert who proved through research and testing that the glass was defective. One hundred years ago, an exploding glass would have likely fallen under the doctrine of res ipsa loquitor, as the plaintiff would have been unable to prove exactly how the manufacturer was negligent or why the glass exploded.

Mr. Reid noted that courts frequently make the following type statements before denying res ipsa loquitur:

. The instrumentality producing the injury was not solely and exclusively under the control of the defendant.

. The only reasonable hypothesis for the product’s failure must be a defect due to a breach of duty or omission by the defendant.

. Res ipsa loquitur is a rule of circumstantial evidence grounded in probability and sound procedural policy.

. Res ipsa loquitur is inapplicable if the accident might have occurred without the defendant’s negligence.

. The injury must not have been caused or contributed to by any voluntary act on the part of the plaintiff.

. The connection between negligence and injury may not be based upon speculation or conjecture.

. All parties who could have caused the injury must be joined as defendants.

 

This post provides a short educational explanation about a complex legal topic and is not intended to be legal advice. If you have been injured due to the negligence of another, consult the Law Offices of Stuart L. Plotnick today for a free consultation.

Source: Brad Reid, Senior Scholar, Dean Institute for Corporate Governance and Integrity, Lipscomb University, Huffington Post, May 27, 2015.

Filed Under: Personal Injury

Nursing Care Negligence and Abuse – How to Protect Your Loved One

August 12, 2015 By

Elder abuse tends to take place where the senior lives: most often in the home where abusers are often adult children. Abuse can also occur in institutional settings, such as long-term care facilities. Elder abuse can take many different forms, some involving intimidation or threats against the elderly, some involving neglect, and others involving financial exploitation. The most common are defined below.

Physical abuse is non-accidental use of force against an elderly person that results in physical pain, injury, or impairment. Such abuse includes not only physical assaults, but also the inappropriate use of drugs, restraints, or confinement.

Emotional abuse occurs when people speak to or treat elderly persons in ways that cause emotional pain or distress. Verbal forms of emotional abuse include: intimidation through yelling or threats; humiliation and ridicule, and habitual blaming. Non-verbal forms of emotional abuse include ignoring, isolation, and menacing the elderly individual.

Sexual abuse is physical contact with an elderly person without the elder’s consent. Such contact can involve physical sex acts, but also includes activities such as showing an elderly person pornographic material, forcing the person to watch sex acts, or forcing the elder to undress.

Neglect or failure to fulfill a caretaking obligation, makes up over half of all reported cases of elder abuse. It can be intentional or unintentional.

Financial exploitation involves unauthorized use of an elderly person’s funds or property, either by a caregiver or a third-party, and includes: misuse of an elder’s personal checks, credit cards, or other accounts; theft of cash or household goods; forgery; and identity theft. The elderly are particularly susceptible to scams such as announcements of a “prize” that they have won, but are required to pay money to claim; investment fraud; and fake charities.

Healthcare fraud and abuse can be carried out by unethical doctors, nurses, hospital personnel, and other professional care providers. Examples include:

  • Charging for healthcare services not actually provided;
  • Overcharging or double-billing for medical care;
  • Receipt of kickbacks for referrals or prescriptions;
  • Over- or Under medicating; and
  • Medicaid fraud

Signs and symptoms of elder abuse

Elder abuse or neglect might not be obvious, and any outward signs might initially appear to be symptoms of dementia or a sign of the elderly person’s frailty, but that doesn’t mean that you shouldn’t dig deeper. Look for general signs of abuse to include frequent arguments or tension between the elderly person and caregiver, and changes in personality. If you suspect abuse or neglect, look for elements of physical and behavioral signs that include:

Physical abuse:

  • Bruises, welts, or scars
  • Broken bones, sprains, or dislocations
  • Report of drug overdose or apparent failure to take medication regularly (a prescription has more remaining than it should)
  • Broken eyeglasses or frames
  • Signs of being restrained, such as rope marks on wrists
  • Caregiver’s refusal to allow you to see the elder alone

Emotional abuse:

  • Threatening, belittling, or controlling caregiver behavior that you witness
  • Behavior from the elder that mimics dementia, such as rocking, sucking, or mumbling to oneself

Sexual abuse:

  • Bruises around breasts or genitals
  • Unexplained venereal disease or genital infections
  • Unexplained vaginal or anal bleeding
  • Torn, stained, or bloody underclothing

Neglect by caregivers or self-neglect:

  • Unusual weight loss, malnutrition, dehydration
  • Untreated physical problems, such as bed sores
  • Unsanitary living conditions: dirt, bugs, soiled bedding and clothes
  • Being left dirty or unbathed
  • Unsuitable clothing or covering for the weather
  • Unsafe living conditions (no heat or running water; faulty electrical wiring, other fire hazards)
  • Desertion of the elder at a public place

Financial exploitation:

  • Significant withdrawals from the elder’s accounts
  • Sudden changes in the elder’s financial condition
  • Items or cash missing from the senior’s household
  • Changes in wills, power of attorney, titles, and policies
  • Addition of names to the senior’s signature card
  • Unpaid bills or lack of medical care, although the elder has enough money to pay for them
  • Financial activity the senior couldn’t have done, such as an ATM withdrawal when the account holder is bedridden
  • Unnecessary services, goods, or subscriptions

Healthcare fraud and abuse:

  • Duplicate billings for the same medical service or device
  • Evidence of overmedication or undermedication
  • Evidence of inadequate care when bills are paid in full
  • Problems with the care facility: poorly trained, poorly paid, or insufficient staff; crowding; inadequate responses to questions about care.

If you suspect that a loved one is being abused or neglected, contact the Law Offices of Stuart L. Plotnick at 301.604.9569 for a complimentary consultation today.

Source: http://www.helpguide.org/articles/abuse/elder-abuse-and-neglect.htm

 

 

 

Filed Under: Personal Injury

Sexual Assault on Campus – New Study Reveals Important Information

August 12, 2015 By

The college rape crisis has been in the news a lot over the past year and has gained national attention. From articles in popular magazines and mainstream newspapers, such as the Washington Post, to the White House, college sexual assault is at the forefront of our national discussion. President Obama and Vice President Obama are backing the Not Alone Project, that strives to break the silence about sexual violence on college campuses and reach out to provide support to victims after an attack. In 2014, the White House Task Force to Protect Students from Sexual Assault released their first report in April 2014, revealing a shocking statistic: one in five college students experience sexual assault during their college career. The ACLU, however, estimates that up to 95% of sexual attacks go unreported.

What is Sexual Assault?

Sexual Assault, as defined by the U.S. Department of Justice (DOJ) is “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.” Sexual activities that are included in this definition are: forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape. Other sources define the term more broadly, to include: unwanted kissing, groping, and exhibitionism. Sexual assault doesn’t always involve physical contact. In fact, acts such as voyeurism can still count as unwanted sexual attention.

One in five college women are targets of attempted or completed sexual assault while college students, while college freshman and sophomores are thought to be at the greatest risk. According to a 2000 report funded by the National Institute of Justice, the vast majority of campus sexual assaults are committed by an acquaintance of the victim. In 90% of reported cases, the victim knew her attacker.

As noted above, only about 5% of sexual assaults are reported to campus authorities or law enforcement. There are many barriers to reporting that victims face, including inadequate university sexual assault policies, which leads to the problem remaining hidden on campuses across the country.

Alcohol can play a big role in sexual assault. The American Association of University Women (AAUW) estimates that 89% of assaults occur when the victim is incapacitated due to alcohol, while researchers at Wayne State University estimate the number to hover around 50%. Whatever the exact figure, alcohol plays a prominent role in campus sexual assault.

Federal Law and Sexual Assault on Campus

The AAUW website informs that Title IX of the Education Amendments of 1972 prohibits the sexual harassment of college students. Sexual assault, a form of sexual harassment, “denies of limits on the basis of sex, a student’s ability to participate in or receive benefits, services or opportunities at the institution.” In April 2011, the U.S. Department of Education issued guidance on the responsibilities of colleges and universities under Title IX and requires them to:

  1. Define sex discrimination and sexual violence, and publish a policy stating that the school doesn’t discriminate on the basis of sex;
  2. Have and distribute procedures for students to file complaints when sexual harassment, discrimination or violence occurs;
  3. Appoint a Title IX coordinator to oversee these tasks, review complaints, and deal with patters or systemic problems.

Additionally, under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), colleges and universities must also notify students about crime on campuses, publicize their prevention and response policies, and inform victims of their rights.

Finally, in 2013, Congress authorized the Violence Against Women Act and included provisions to improve campus safety. Colleges will now have to report the number of domestic violence, dating violence, and stalking incidents that occur each year, in addition to the requirement to disclose sexual assault incidents and other crimes. They will also have to update their annual security reports to include their prevention programs.

What Can You Do to Protect Yourself?

While an attack is never the fault of the victim, there are steps college students can take to reduce their chances of becoming a victim and empowering themselves. For instance, the National Institute of Justice revealed that self-protection actions such as weaponless attacking, running, hiding, getting help, or struggling seem to decrease the risk of rape completion by 80%. Additionally, many colleges offer personal development courses in basic self defense. The New England Journal of Medicine published a study comparing the effects of attending a four session course in resisting sexual assault to a more traditional university approach of providing brochures on sexual assault. An intensive program showing female college students how to recognize and resist sexual aggression reduced their chances of being raped over a one year period by nearly half.

There are also basic safety guidelines that you can follow to help stay safe on campus. BestColleges.com put together the following to-do list:

  1. Know your alcohol limits. Drinking too much can make you much more vulnerable to assaults by impairing your judgment or hindering your physical ability to fight off an attacker.
  2. Watch your drinks. Take your drink with you wherever you go (including the bathroom). Never take a drink given to you by someone else or from a communal alcohol source.
  3. Trust your instincts. If you get a bad feeling about a person or situation, leave immediately. If something feels wrong, or you feel pursued, get in the middle of a crowd of people. It seems that many attackers are unwilling to pursue someone who is aggressive or loud, which draws attention to the crime.
  4. Stay with your friends. Attend parties and social gatherings with friends that you trust. Look out for each other and don’t leave anyone behind!

 

 

Filed Under: Personal Injury

Danger in Construction Work Zones – Beware!

August 12, 2015 By

Construction workers face big risks as they work handling, for example, hazardous materials, or as they work at high elevations; use heavy machinery; encounter falling debris; or risk electrocution or being struck by a vehicle on the road. Needless to say, drivers maneuvering through highway construction zones put construction workers at risk for injury. For instance, in July 2014, a New Jersey turnpike construction worker was killed when he was struck by a car that crashed into the back of the truck in which he was riding. Sadly, the driver of that car was driving under the influence of alcohol. In Maryland in December 2014, a construction worker at BWI airport was killed after being injured by a concrete paver vehicle. Similarly, pedestrians walking through a construction zone also risk injury, in the form of falling debris, or being struck by heaving equipment. In March 2015, a 37 year old woman was walking on a pedestrian walkway through a construction zone in New York City when she was hit by a wooden board from a construction barrier after high winds kicked up. The board hit the woman and pinned her up against the wall of a building. The woman fell and hit her head, receiving a fatal injury.

The vast majority of construction accidents, however, occur on roadways. According to the Department of Transportation (DOT) Federal Highway Administration website, in 2010, there were 87,606 reported accidents in construction zones.. Of these crashes, 576 of them were fatal. Interestingly, the DOT states that 31% of construction work zone accidents were caused by speeding and 20% involved alcohol.  Forty percent of accidents occurred at night between the hours of 9:00 p.m. and 6:00 a.m. Moreover, over half of these construction work zone accidents occurred on roads where the speed limit was 55 miles per hour or higher.

If you have been injured in a construction zone, please contact the Law Offices of Stuart L. Plotnick today for a consultation.

Filed Under: Personal Injury

Summer is Here – Swimming Pool Accidents and Brain Injury

August 12, 2015 By

The Centers for Disease Control (CDC) tells us that about ten people die every day from accidental drowning. Sadly, of those ten people, two are children under the age of 14. Drowning is ranked as the 5th most common cause of accidental injury death in the U.S. and can happen in any pool.

Injuries in the Swimming Pool

Notably, more than 50% of drowning victims treated in the E.R. require further hospitalization or transfer for additional care. This is in comparison to the fact that only 6% of all of her accidental injuries require further hospitalization following initial treatment. Nonfatal drowning injuries can cause severe brain damage that can lead to long-term disabilities including: problems with memory recall; other learning disabilities; and permanent loss of basic functioning or vegetative state.

Drowning Facts

  • For children aged one to fourteen years, fatal drowning is the second leading cause of accidental death.
  • Children ages one to four have the highest drowning rates.
  • For every child who dies from drowning, another five children typically receive treatment in the E.R. for submersion injuries.
  • Nearly 80% of those who die in a drowning are male.
  • The fatal drowning rate for African-Americans was markedly higher than that of Caucasians regardless of age.

Prevention of Swimming Pool Accidents

Many factors are at play in drowning and submersion injuries; but two make a huge difference:

  1. Fencing – Considering the percentage of children who are harmed in swimming pool accidents, fences are vital in preventing such accidents from occurring in the first place.
  2. Swimming lessons – The inability to properly swim also accounts for many cases of drowning and submersion.

Both state and federal laws regulate the safety of swimming pools and their equipment which must be observed by manufacturers, sellers, and installers of pools and spas. If you or a loved one experienced swimming pool accident or head injury, you may be entitled to compensation for current and future expenses, in addition to legal damages. Contact the Law Offices of Stuart L. Plotnick as soon as possible to preserve your options.

Filed Under: Brain Injuries, Personal Injury, Premises Liability

New Study Examines Malpractice in the E.R.

May 6, 2015 By

Last month, a new study on emergency room malpractice came out and examines why ER doctors are sued so often in misdiagnosis suits.  One of the top claims against emergency physicians was failure to diagnose, which was also a leading cause of patient injury.

The study was conducted by The Doctors Company, a large insurer in the healthcare industry.  Their conclusions may be biased as their aim is to protect the healthcare industry, but the bare data is fascinating.

The Doctor’s Group studied 332 ER malpractice claims.  Of those 332 cases, there were generally four types of claims:

Misdiagnosis, or diagnostic-related issues: 57%

  • Improper Management of Treatment: 13%
  • Improper Performance of Treatment or Procedure: 5%
  • Failure to Order Medications: 3%

Clearly, misdiagnosis is the biggest issue.  Misdiagnosis includes the failure to make a differential diagnosis and the failure to consider all available clinical information.  Top physicians reviewed the data and concluded that inadequate patient assessment, to include not using available clinical information, found in 52% of cases, was the leading contributor in failure to diagnose cases. Other factors that were identified as contributing to patient injury included:

Patient factors, such as obesity, which could delay delivery of care due to lack of adequate equipment for treating or evaluating obese patients: 21%

  • Communication errors, to include the failure to read the medical records: 17%
  • Communication between patient/family and provider, to include inadequate follow-up instructions or other language barriers:13%
  • Insufficient documentation, including inadequate documentation about clinical findings: 13%
  • Staffing issues, to include workflow and workload concerns: 12%

Misdiagnosis is often compounded by miscommunication or other communication errors.  Moreover, improper documentation could possibly be characterized as a communication error.   The study notes that emergency room doctors face a wide range of clinical problems that increase risks and also underscores that it is critical to take regimented steps, such as completing a “thorough differential diagnosis for each patient.” The study concludes that emergency medicine doctors are “more prone to be sued for diagnosis-related issues than many other specialists, because they treat patients who are unknown to them and who have a broad range of clinical problems.” The study hopes that this information will help doctors “focus on specific quality measures that will reduce exposure to malpractice claims and improve patient care.”

To schedule a free medical malpractice case evaluation in Bethesda, Rockville or the greater areas of Maryland, Virginia and Washington D.C., call (301) 251-1286 today.

 

Filed Under: Medical Malpractice

Cycling in Cities – How to Stay Safe

April 29, 2015 By

Amazingly, only 10% of bicycle accidents involve a collision with an automobile. Of those bicycle accidents involving a car, over 50% of them occur at an intersection.  Accordingly, is of the utmost importance to follow all the rules of the road, as that is your best guarantor of safety. A cyclist is considered a vehicle and must follow the same rules of the road as all motor vehicles.

Here are a few tips to stay safe on the road: first, wear colorful, high visibility clothing, and ensure that you have lights on the front and back of your bike to grab the attention of drivers. Second, allow cars to proceed first, even if you have the right of way.  Third, assume that other vehicles do not see you. Many drivers can “zone out” while driving, rendering you all but invisible. Finally, if you are riding on a sidewalk or  bike path be even more careful at intersections, as cars will not always anticipate you being there.

What NOT to do following a bicycle accident:

Following an accident, cyclists almost always do the following, ultimately hurting themselves and their cases. Be sure not to:

  1.  Move.   This is so important: do not move, unless you must in order to avoid further injury (e.g., if you’re in the middle of the road and are fearful that another car might strike you). Try to stay still after an accident, as moving could aggravate or worsen specific types of injuries, especially those involving spinal injuries.
  2. Decline medical treatment.   Following an accident, you may not realize the extent of your injuries, or that you are injured at all. For example, you may have suffered a concussion, but feel only a dull headache, which you might write off as a natural consequence of your accident. It is always worth your while to have a medical professional check you over, just to be safe. It is important not to wait to seek treatment, but to do so immediately after an accident. If you seek treatment several days later, the other party will try to argue that your injuries occurred after the accident.   Protect yourself, and your case, and see a doctor!
  3. Forget to get a list of witness names.   If anyone saw the accident – get their name and contact information. Obviously, the more people who can vouch for what happened and who bore responsibility, the better. Too many times, a case will turn on whether there is a reliable witness. Don’t let your case devolve into a “he said/she said “situation.
  4. Fail to document your injuries with pictures. Given the abundance of phones at the ready these days, there is no excuse NOT to document your injuries. Get pictures of the scene, your bicycle, and your own injuries. The more pictures, the better!

If you have been involved in a bicycle accident, the Law Offices of Stuart Plotnick can help you fight for your rights. Call today for a free consultation, 301.251.1286.

Filed Under: Bicycle Injury, Personal Injury

When Man’s Best Friend Attacks – Dog Bite Law in Maryland

April 23, 2015 By

Dogs have earned the reputation as “man’s best friend.” They can be integral parts of our families, but can also become liabilities when they bite or attack others. Close to five million Americans are bitten by dogs each year, and about one sixth of those bites results in the victim seeking medical treatment for the injury.

The owner of the attacking dog can often face liability based on their pet’s actions. In Maryland, there is a statute that outlines what is a “Dangerous dog.”  A “dangerous dog” is one that, without provocation, has killed or severely injured a person.  Alternatively, it is a potentially dangerous dog that bites a person, when not on its owner’s real property; kills or severely injures a domestic animal; or attacks without provocation.  An owner of a “dangerous dog” must keep the dog securely enclosed on his or her property, or otherwise must muzzle and restrain the dog.  A person who violates statute section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.Dog Bite pic

The dog owner can also be held liable for the inflicted injury under one of two theories of liability. The first theory is frequently referred to as the “one bite rule,” and applies strict liability to dog bites. It basically holds that if the dog owner knew or had reason to know that the dog had dangerous propensities, then the owner faces practically certain liability. The idea behind this rule is that if the dog had bitten a person before, the owner will be responsible if the dog bites again, because the owner would have then known that the dog had dangerous propensities.

The second theory of liability is negligence, which holds that even if the dog had not bitten a person in the past, the owner will be liable if he or she failed to exercise effective control of the dog in a situation where it could reasonably be expected that an injury could occur. Additionally, there are local laws and ordinances that regulate dog owner conduct. For example, many counties in Maryland have leash laws requiring the owner to keep the dog on a leash when off of his or her own private property. However, if a bite occurred on the owner’s real property and the victim was trespassing, the victim will be unlikely to recover for injuries.

In Maryland, the determination of liability no longer has anything to do with the breed of dog. In the past, a dog bite victim could recover against the owner by establishing that the dog is a pit bull or a cross-bred pit bull. However, in 2014, former Maryland Governor Martin O’Malley signed bill into law that overturned a 2012 Maryland Court of Appeals decision regarding pit bull-type dogs. The new law applies the same standard of liability to all dog owners, regardless of the dog’s breed.

If you are bitten by a dog, there are important steps you should take. To be sure, the first thing to do is to seek immediate medical attention. Moreover, it is important to try to contain the dog that inflicted the injury and figure out how to locate the dog’s owner, if not readily apparent. You should also report the bite to preserve evidence of the injury and also document the injuries with photos.

Finally, you should contact a proven attorney to assist you navigate the confusing insurance landscape. For example, following a dog bite, you might be contacted by an insurance company; they are extremely skillful at soliciting information in a manner that protects their own interests and defeats your claim. Call the Law Offices of Stuart L. Plotnick, at 301.251.1286  for a free consultation.

Filed Under: Blog, Dog Bite, Personal Injury

How Maryland’s Contributory Negligence Law Can Affect Victims of Accidents

April 15, 2015 By

As an experienced personal injury law office, we see a multitude of accident cases each year. Some cases involve accidents that were the fault of just one party, and often involve blatant traffic violations, drunk driving accidents, or distracted driving accidents.

On the other hand, there are many accidents that are not obviously only one party’s fault, which can be problematic for Maryland accident victims. In Maryland, if an accident victim bore some degree of fault in the accident, then the legal principle of contributory negligence comes into play and serves to prohibit recovery for injuries received in the accident.

Contributory negligence can, unfortunately, result in seemingly unfair outcomes. For example, think about the pedestrian who jaywalks and is hit by a driver who ran a red light. In Maryland, that pedestrian would be unable to recovery for their damages, if a jury found that the pedestrian was partially at fault for the accident.

Most states in the United States do not employ contributory negligence, and instead favor “comparative fault.” Comparative fault considers each party’s relative percentage of fault. Once the percentages of fault are established, the victim’s recovery amount is accordingly reduced by their percentage of fault. For example, if the jury found the pedestrian in our example above to be 30% at fault in the accident and he suffered $100,000 in damages, then he could recover 70% of the $100,000, or $70,000.

Establishing Fault in Maryland Accidents

Since Maryland remains in the minority of jurisdictions that uses contributory negligence to determine which accident victims are permitted to recover for their injuries, it remains crucial for accident victims to prove that they are free of any fault.  As a result, it is critical for Maryland accident victims to have an experienced personal injury attorney on their side to make their cases. The Law Offices of Stuart L. Plotnick can help you tell your side of the story and convince a jury that you are without fault in your accident. Call today for a free consultation, 301.251.1286.

 

Filed Under: Car Accident, Personal Injury

6 Important Steps to Take After a Car Crash

April 8, 2015 By

A car crash can rattle the best of us, but staying calm and knowing what to do at the scene can keep a bad situation from getting worse.

Do’s and Don’ts following a Crash

In the minutes immediately following an accident, maintaining your composure is essential. Take the six steps below to protect yourself:

DO:

  1. Move your car to the shoulder, or off the road. If your car is drivable, move it out of the flow of traffic to prevent subsequent accidents.
  2. Call 911 if it seems as if someone needs or requests medical attention.
  3. Exchange information with other car owner: name, contact information, make and model of vehicle, driver’s license number, insurance carrier and policy number.
  4. Take photos or video of the scene and the accident damage, if possible. Be sure to note the time of day and weather conditions.
  5. Report the accident to your insurance company.
  6. Call the police, if necessary. Maryland law does not require you to report every car accident to the police. There are six circumstances in which you are required to report an accident:
  • An occupant of one of the vehicles is hurt;
  • A driver in the accident is drunk;
  • A vehicle needs to be towed;
  • A driver cannot or refuses to exchange information;
  • A driver is not licensed;
  • A driver flees the scene of the collision.

Just as important as knowing what to do following a crash, is knowing what NOT to do. The five steps below can help:

DON’T:

  1. Exit the vehicle until you’re sure it’s safe.
  2. Move any person who may be hurt or injured. Wait for paramedics.
  3. Leave the scene of an accident until you’ve exchanged information with the other driver(s).
  4. Apologize or admit fault, even if you think you’re to blame for the accident. An apology could be used against you later, regardless of whether you were fully responsible.
  5. Share details of your insurance policy — such as coverage limits or deductible — with the other driver.

If you are a Rockville or Bethesda resident, or you live in the greater Metropolitan-Washington D.C. area, and you would like to find out how our experienced Maryland injury lawyer can help you, call (301) 251-1286 to schedule a free consultation today.

Filed Under: Car Accident, Personal Injury

Traumatic Brain Injury Following Car Accidents

April 1, 2015 By

Dealing with the aftermath of a car accident can be difficult under the best of circumstances. Of course, it is essential to receive the proper medical treatment. Traumatic brain injury, or TBI, can be a long term consequence following a car accident. The most common TBI types is a concussion. If you have been involved in a car accident, please follow these tips to ensure that you recognize and treat a TBI properly after your car accident:

  1. Not all TBI’s involve cracked skulls. In fact, your head might not have even hit anything during the car accident. Many brain injuries result from the brain forcefully impacting against the skull during the violent back and forth from the impact (whiplash), followed by brain swelling that reduces or eliminates the supply of blood to brain cells.
  2. Seek medical attention, even if you do not suspect an injury. Oftentimes, those involved in car accidents do not lose consciousness, or “blackout.” A victim of a car accident may initially believe that they are alright, but non-obvious injuries can worsen over time without prompt medical treatment.
  3. Be aware of brain injury symptoms. Note that not all brain injuries can be detected by a medical practitioner upon an examination. Frequently, brain injuries will become evident only following x-rays or MRIs. These tests are may only performed when a car accident victim presents with some brain injury symptoms, which include:
  • Headaches
  • Fatigue
  • Difficulty sleeping
  • Vision issues
  • Mood changes or Depression
  • Disorientation or problems with your normal ability to process information or tasks that were routine before
  • Productivity at work or in other tasks drops off
  • Nausea, to include vomiting
  • Dizziness
  • Memory problems

4.   The Right Doctor:  In some cases, your family doctor, or the doctor you are seeing for your back injury from the accident, is simply not equipped to recognize the brain injury.  If you do not notice something, your family and friends might notice something is off about your behavior.  If you experience any of the concerns or symptoms above, you need to see a neurologist who can perform more thorough testing, e.g. PET Scan  or some other test just to insure that you are okay.

If you have suffered a brain injury following a car accident, even a minor traumatic brain injury, you may have difficulty obtaining compensation for your injuries. An accomplished attorney can be of great assistance in helping you document your injury and demonstrating causation between your injury and your car accident.

For more information, please contact the Law Offices of Stuart L. Plotnick in the metropolitan Washington, D.C. area at 301.251.1286.

Filed Under: Brain Injuries, Car Accident, Personal Injury

Slip and Falls on Ice

March 9, 2015 By

Slip and fall injuries are a type of premises liability claim that are made when a person slips and falls as a result of an unsafe or hazardous condition on another’s property. As a starter, the law holds that a property owner or property manager must use reasonable and ordinary care to keep their premises safe, or warn persons of any hazards or dangers that are present, but the owner has not yet repaired or fixed. A hazard can be anything from that liquid that came from the broken bottle of Pepsi in “Aisle 9” at the grocery store, the recently mopped floor in the office building, or the hole or depression in the parking lot.  Although, these are all typical slip and fall scenarios, the focus of my comments here pertains to those falls, which occur on ice.

All slip and fall cases are difficult, but ones where the culprit is ice are particularly difficult in Maryland. In fact, until 2011, these cases were virtually impossible to win even when the owner of the sidewalk, parking lot, or stairs, did nothing to clear the area, or treat it with salt or sand. This is because Maryland follows the rule of assumption of the risk, which holds that if the victim had or should have had knowledge of the danger beforehand, but still proceeds ahead, he/she is choosing to take the chance that he/she might fall and be injured.

We all agree that when a person is walking on any surface, he/she has a duty to watch where he/she is going and to avoid hazards; however, walking in an area where there is snow or ice about can be like walking in a minefield because ice in particular, in some cases, cannot be seen. Until recently, Maryland courts were very unforgiving in these cases, as they would find against a plaintiff virtually automatically if the evidence showed that the victim knew or should have known from the surrounding weather or other conditions that ice might be present at the location where they fell. The property owner only had to prove that the weather or outdoor conditions were sufficient for ice to form (i.e. it was freezing and had been wet or snowy in the time period before the fall), and thus the injured party should have known that the surface where they fell could be icy. So, for example, if the victim was walking outside on the day after it snowed, the snow or ice appeared to be cleared or treated, but at the time of the fall, the temperature was at freezing and there were wet, snowy or icy patches close by, the victim should have concluded that the location they were walking over was very likely icy and dangerous too. This was the rule, even if the victim did not actually see the ice. We can understand this rule for snowy areas or where the ice is clearly visible because the victim can see the danger, but chooses to proceed ahead; but, how can one assume a risk that he cannot see or know of.

The “Black Ice” Exception:

The term “black ice” is used to describe clear coating of ice that is layered over usually (black) asphalt or some other surface such as a parking lot.  Black ice is often difficult to see and the surface usually just appears wet, so even if one is paying attention he likely cannot see the real danger ahead.  Fortunately, Maryland’s highest court agreed with this way of thinking, and in two decisions issued in 2011 gave slip and fall victims a fighting chance in (black) and other ice cases. In Poole v. Coakley & Williams Construction, Inc., 2011 Md. LEXIS 659, 417 Md. 501 (October 27, 2011), the plaintiff slipped and fell on black ice while wading through a stream of water running across the parking lot at his place of employment. Mr. Poole testified that the majority of the parking lot was covered with visible ice and snow, and that he chose to walk through the stream of water because it contained no visible ice and he believed it to be safer than attempting to cross the otherwise icy parking lot.  In Thomas v. Panco Management of Maryland, Ltd., 2011 Md. LEXIS 671, 418 Md. 190 (October 31, 2011), the plaintiff was injured after slipping and falling on black ice located on the sidewalk outside her apartment complex. Ms. Thomas testified that when she left her apartment complex early on the morning of the accident, she noticed patches of snow and ice on the sidewalk. When she returned to the complex in mid-afternoon, the ice and snow had melted, leaving only wet patches on the sidewalk. Ms. Thomas came and went from her apartment several more times that day and noticed that the sidewalk was wet. She saw no signs that salt pellets or sand had been put down on the surface either.  When she left her apartment at approximately 8:00 p.m. that evening, Ms. Thomas slipped on ice, which had formed because the wet areas had now frozen over as a result of the temperature dropping.  In both cases, the defense argued the current rule, that the victims, due to the surrounding weather conditions, knew or should have known the location where they fell was icy as a matter of course even though there was no sighting of ice.  The high court disagreed, and held that it cannot automatically be assumed that a certain location is icy because conditions around it may be or because the weather at the time may be favorable to ice.  As a result of these two opinions, the property owner must now prove that the victim actually knew or should have known that the specific location of the fall was icy, i.e. the victim could see the ice, but decided to chance it anyway.

Our experienced Maryland premises liability attorneys have handled several of these snow and ice cases and have been successful in getting recoveries for our clients. If you have been injured because of the negligence of a property owner in failing to remove or treat snow or ice, or fallen on “black-ice,” please contact the Law Offices of Stuart L. Plotnick, LLC today to schedule a free case evaluation. We represent injured victims throughout Maryland, Virginia, and Washington D.C., including Bethesda and Rockville residents.

 

 

 

 

Filed Under: Blog, Personal Injury, Premises Liability

Deadly Auto Accident Reveals Vehicle Defect

October 27, 2014 By

Despite ongoing efforts to better monitor and enforce recalls of defective vehicles or parts, a recent auto accident has revealed yet another unsafe product on the market, this time resulting in personal injuries from a faulty Takata airbag system.

After a fatal car accident claimed the life of a woman driving a Honda Accord, medical examinations revealed perplexing knife-like stab wounds to her neck. Closer investigation revealed that the wounds were actually caused by the explosion of the airbag due to a faulty propellant.

Safety experts have expressed concerns that more rupture cases are likely going unnoticed or underreported, though at least 2 other fatalities have been linked to the faulty airbag.

The resulting vehicle recall will affect more than 14 million defective vehicles containing faulty airbags that have been manufactured by Japanese auto supplier Takata

As the number of defective vehicles on the road seems to be increasing, it’s important for Rockville residents to be aware of your legal options when it comes to product liability claims.

As a personal injury lawyer, Mr. Plotnick understands the devastating consequences of car accidents and defective vehicles, and we want victims to have their interests rightfully represented. Keep in mind, in various instances of such defects the manufacturer knew of them but chose to cover them up or ignore a fix that would only cost a few dollars, all in the name of the bottom line.

While not every auto accident injury involving a defect results in a defective product claim, it’s important to contact a professional to assess your case to help you determine what action might be required.

If you or a loved one has suffered from personal injuries related to a defective vehicle, contact the Law Offices of Stuart L. Plotnick, LLC at (301) 251-1286 today. Our Rockville personal injury lawyer has represented victims of defective vehicles throughout Maryland, Virginia, and Washington D.C.

Filed Under: Blog

The Dangers of Automobile Defects

October 13, 2014 By

When you purchase a new car in Maryland, you should be able to rest assured that the vehicle you are buying meets federally regulated safety standards. While often times this is the case, sometimes manufacturers fail to meet safety requirements due to negligent or insufficient quality control. In many cases, investigations have also discovered that auto manufacturers often know about the defects but keep it quiet.

When mistakes are made or manufactures are deceptive, the resulting vehicle defects can result in serious passenger injury or even deadly car accidents.

Our Rockville car accident attorneys have handled a wide range of Maryland and Virginia car accident claims for defective vehicles and subsequent wrongful deaths that could have been prevented, and Mr. Plotnick has the experience and knowledge to help you file your claim to get you or your loved one the reparation you may deserve in the event of one of these mishaps.

No matter what make or model vehicle you drive, you should always be mindful of possible defects, because if you are involved in an auto accident as a result of a vehicular malfunction, you may be entitled to compensation. For Rockville and Bethesda, Maryland residents, our car accident attorney can help.

Common automobile defects that may entitle you to personal injury compensation in the event of a car accident include:

  • Faulty airbag systems that improperly deploy during an accident or unexpectedly
  • Defective brakes, tires or fuel systems
  • Seatbelts that do not perform correctly
  • Doors or hatchbacks that open on impact and cause passengers to be ejected from the vehicle into traffic
  • Faulty ignition or electrical systems that may overheat and lead to fire or shutdown

If you have suffered a personal injury related to a defective vehicle in the Rockville, Bethesda or greater area of Maryland, contact the Law Offices of Stuart L. Plotnick at (301) 251-1286 to schedule a consultation with our experienced car accident attorney.

Filed Under: Uncategorized

Walmart Requests Trial By Jury for Tracy Morgan Car Accident

October 1, 2014 By

Investigation is still underway to determine who is at fault for a fatal car accident in June involving a Walmart supply truck and well-known actor Tracy Morgan. The deadly crash, which left one dead and several others injured, occurred on the New Jersey Turnpike when a Walmart truck driver rear-ended Morgan’s vehicle while traveling 20 mph over the speed limit.

Morgan has since filed a lawsuit against Walmart citing negligence on behalf of the big box store for not complying with Federal Motor Carrier Safety Administration Regulations.

Morgan’s claim was made after evidence revealed the Walmart employee and driver of the truck, Kevin Roper, was speeding at 20mph over the limit and had not slept for more than 24 hours, a direct violation of safety regulations.

As of Tuesday, September 30th, Walmart has responded to Morgan’s claim with a request for a trial by jury, suggesting that the injuries caused in the car accident were actually a result of the plaintiffs’ failure to wear seatbelts. As a result, Walmart has also suggested that neither the company nor its employees should be held responsible for damages which were caused by third parties, however due to the ongoing National Transportation Safety Board investigation, Walmart did not directly address the claims regarding Roper.

This is a firm reminder that sometimes, even when you think you know who is at fault for your car accident and you assume you will simply get the damages you deserve, you still need to go through the legal process to do so, and it’s not always a straightforward affair.

If you have been injured in a car accident in the Rockville, Bethesda or greater Maryland area, contact the Law Offices of Stuart L. Plotnick at (301) 251-1286 to schedule a consultation with our experienced car accident attorney.

Filed Under: Blog

Common Types of Car Accident Injuries

September 29, 2014 By

When you get into a seemingly minor car accident, your injuries can still be seriously devastating and even fatal. Our Rockville car accident attorney understands the dynamics of car accident injuries and how they can impact your life long-term.

The type and severity of your car accident injuries will be affected by a variety of factors including:

  • Whether or not vehicle occupants were wearing seatbelts
  • The location the vehicle impact occurs
  • The speed of the cars involved at the time of impact
  • The vehicle types, makes and models of all automobiles involved
  • The presence and type of vehicular safety defects

These variables can easily turn seemingly harmless cuts, broken bones and bruises into life threatening or debilitating injuries. Some of the most common types of car accident injuries can include:

  • Neck, back and spinal injuries
  • Head injuries including traumatic brain injury
  • Internal organ damage
  • Damage to extremities

Depending on the extent of these injuries, it is likely that both your professional and personal life will be greatly impacted. In some situations, you may be unable to go back to work, whether at your current place of employment or any job at all. Activities you once enjoyed may become impossible to perform, and these changes can be permanent. It’s important that you get the compensation you deserve for all of the damages you suffer, whether immediately or long-term.

If you have suffered a personal injury due to a car accident, contact the Law Offices of Stuart L. Plotnick, LLC at (301) 251-1286 to schedule a free consultation with our experienced Rockville car accident attorney today.

Filed Under: Blog

Car Accidents Caused by Driver Distractions

August 20, 2014 By

In 2012, more than 3,300 car accident fatalities were related to distracted driving. According to a report that was recently released by the National Highway Traffic Safety Administration (NHTSA), nearly 10 percent of all fatal car crashes during the same year were affected by distracted drivers.

At the Law Offices of Stuart L. Plotnick, our Bethesda car accident lawyer understands that distracted drivers can cause accidents for even the safest drivers. If you have suffered a personal injury in a car accident due to a distracted driver, Mr. Plotnick can help you get the reparation you deserve.

The NHTSA considers driver distractions anything that diverts a driver’s attention away from the primary tasks of navigating the vehicle. Some of the most common distractions include:

  • Using Cell Phones – Texting while driving can be just as dangerous as driving while intoxicated. Even talking on a cell phone can have dangerous consequences.
  • Eating and Drinking – This can cause you to take your hands off the wheel and your eyes and mind off the road.
  • Navigating with a GPS device – Using these tools while driving poses a comparable risk to texting and driving.
  • Grooming – If you are looking in the mirror and adjusting your appearance, you are not watching the road.
  • Interacting with passengers – If your passengers cause you to divert your eyes or attention from the road, this can pose a threat to your safety.

There a range of other distractions that can impair your driving ability and result in an accident, so it is important to keep your eyes and your mind on the road at all times.

If you have been injured in a car accident as a result of a distracted driver’s negligence, please call (301) 251-1286 or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Bethesda car accident attorney.

Filed Under: Blog

Common Excuses Insurance Companies Use to Deny Your Claim

July 31, 2014 By

Maryland car accident attorney can help you recover the compensation you deserve from the insurance company.Insurance companies are in the business of making a profit, and that means they are more concerned with their bottom line than getting you the compensation you deserve for your injuries after an auto accident. They are notorious for limiting or denying valid claims, and these are the most common excuses you may hear:

  • The accident was your fault.
  • Someone else is to blame, usually a third party.
  • Your injuries are not as severe as you say they are.
  • You have a pre-existing condition so the accident did not cause your injury.

Stuart Plotnick litigated cases for insurance companies for many years. He knows how the “other side” operates and how they will try to get you to settle for less than your case is worth. Trust your personal injury case to an experienced attorney.

If you or someone you love has been injured in an auto accident, please call 301-251-1286 or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Maryland accident lawyer.

Filed Under: Uncategorized

National Bike Race Underscores Auto Accident Attorney Expertise

July 7, 2014 By

An English socialite pedaled through Maryland this month as part of the Race Across America, the national cycling event that for years was dominated by Jure Robic, the Slovenian rider who died in 2010 after being hit on his bike during an auto accident.

At the time of his death nearly four years ago, cycling fans widely regarded Robic, who was 45, as the world’s best ultra-endurance cycler. The athlete was a five-time winner of the Race Across America, the same event in which Pippa Middleton, sister of Duchess of Cambridge Kate Middleton, is currently competing.

While drivers around Maryland and the Washington, D.C.-metropolitan area may quickly recognize the need for an auto accident attorney after a crash, pedestrians and bicycle riders are especially at risk of incurring life-threatening and even fatal injuries should they collide with a car. Despite his robust athleticism, Robic died at the scene of his accident four years ago. His injuries reportedly resulted from a head-on collision with a car while he was cycling near his home, according to local police reports.

If you have been seriously injured in an auto accident or a car-bike collision, or if you lost a loved one as the result of such tragedy, make sure you receive the compensation you deserve for your losses. Please call 301-251-1286 or email the Law Offices of Stuart L. Plotnick today for a free case evaluation. We serve clients in Maryland, northern Virginia and Washington, D.C.

Filed Under: Blog, Car Accident

Maryland Sports Fans Monitor Olympian’s Spinal Cord Injury Progress

July 3, 2014 By

Instead of traveling cross-country to the renowned Spinal Cord Injury Rehabilitation Program at the University of Maryland, Olympic swimmer and six-time gold medalist Amy Van Dyken-Rouen has opted to continue recovering in her hometown from the back injury she sustained earlier this month in an all-terrain vehicle (ATV) accident during a personal trip in Arizona.

No word yet on whether Van Dyken-Rouen and her family will consult a personal injury attorney as a result of the ATV mishap, which severed the athlete’s T11 vertebra and nearly resulted in a fatal rupture of her aorta.

The swimmer, 41, is married to former Denver Broncos punter Tom Rouen. She’s a native of Colorado and checked into that state’s private, not-for-profit Craig Hospital, which specializes in the treatment of spinal cord and traumatic brain injuries.

It may be too soon to tell whether Van Dyken-Rouen will make a full recovery from her injuries.

“I feel great,” the swimmer told The Denver Post after arriving at Craig Hospital on June 18th. “I can definitely feel the thoughts and prayers” of fans and supporters.

But she also reported having “no feeling” in her legs.

Approximately 12,000 Americans a year sustain spinal cord injuries, according to the National Spinal Cord Injury Statistical Center in Birmingham, Ala. When those injuries happen as the result of someone else’s negligence, it is imperative to consult with a personal injury attorney in order to ensure victims receive appropriate protections and compensation.

If you live in Maryland and would like a free consultation with a personal injury attorney, please contact the Law Offices of Stuart L. Plotnick. We also serve clients in northern Virginia and Washington, D.C.

Filed Under: Personal Injury

Lawsuits for Medical Malpractice Promote Patient Safety

July 2, 2014 By

When a patient is treated by a doctor or in a hospital, they’re hoping they’ll leave in better condition than when they arrived. Unfortunately, up to 98,000 people die and at least 300,000 are injured from medical malpractice each year. It’s alarming how many people are severely injured or die due to medical malpractice.

UCLA law professor Joanna Schwartz surveyed hospital risk managers and found that 73% of surveyed respondents reported that medical malpractice lawsuits or claims were useful in identifying and then addressing safety issues in healthcare facilities. Scharwtz’s study found that the threat of financial loss due to these lawsuits, has sparked a stronger interest in creating an environment that’s constantly improving patient safety. It was also found that sometimes facilities get comfortable in accepting a certain level of mistakes and fortunately, medical malpractice lawsuits keep them aware that negligence is never acceptable.

Medical malpractice lawsuits force the wrongdoers to take responsibility for their negligent actions and allows the injured to hold them accountable. These important lawsuits not only help the victims, they help prevent future victims. It reminds healthcare providers and the facilities that patient safety should be number one.

If you or someone you know is a victim of medical please call 301-251-1286 or contact experienced medical malpractice attorney Stuart Plotnick. We represent clients in Rockville, Bethesda and throughout the state of Maryland.

Filed Under: Uncategorized

May is Motorcycle Awareness Month

May 7, 2014 By

As the weather warms and turns from spring into the beautiful days of summer, more motorcyclists take to the roadways. By sponsoring Motorcycle Awareness Month, the National Highway Traffic Safety Administration (NHTSA) wants to remind us all to share the roads and help prevent motorcycle accidents.

With more motorcycles on the roads, remember to take these precautions when you are driving:

  • Double check your mirrors and blind spots before changing lanes. Sometimes motorcycles are hard to spot with a quick glance.
  • Give motorcyclists plenty of room. They may need to maneuver around road hazards that don’t affect your larger vehicle.
  • Always treat motorcyclists with the same respect you would any other vehicle.

By keeping an eye out and sharing the road, we can all help to avoid the serious injuries that accompany motorcycle crashes.

If you or a loved one has been injured in a motorcycle accident, please call 301-251-1286 or contact The Law Offices of Stuart L. Plotnick for your free case evaluation. We represent clients throughout Rockville and Bethesda Maryland and Virginia and Washington DC.

Filed Under: Uncategorized

Recent Dump Truck Accidents Highlight Risks

May 4, 2014 By

A recent set of accidents involving dump trucks in Maryland highlight the particular risks these vehicles bring with them onto our roads. When people think of accidents involving large trucks (as opposed to personal pickups or SUVs), the typical image in ones mind is that of a tractor-trailer, “big rig,” or semi. Despite this thinking, dump trucks account for a sizable percentage of large truck accidents in Maryland and they come with their own set of specific risks to watch out for.

Recently ,  major dump truck accidents occurred in both Anne Arundel County and in Towson. In each case serious injuries resulted, necessitating hospital visits for the victims. Because of the variability in what dump trucks may be carrying they may actually be heavier than a semi or big rig. This has important implications for stopping capability  and means that drivers need to be at least equally worried about dump trucks as they are about their supposedly larger counterparts.

However, the most critical difference between dump trucks and other large trucks is that many vehicle collisions involving dump trucks do not actually even involve the truck itself.  What happens is more often is that thee contents from the truck end up on the road, where unprepared and surprised  motorists are caught off guard. These road hazards can be sudden and exceptionally dangerous – there is no training or preparation for large foreign contents spilling out onto the highway while drivers are moving at tremendous speeds. Even though, it may be the contents of the dump truck involved, it makes no difference should an accident result.  There may still be negligence. It is essential to remember that in that this situation you are still usually entitled to recover for damages, both personal injuries and property damage caused by the accident even if the truck itself is not involved in the crash. This is because had the driver not been negligent in making sure the load stayed in the truck you would not have been injured.

Filed Under: Blog, Car Accident

Vehicle Backup Cameras Are Here to Stay

May 4, 2014 By

When automobile manufacturers began implementing “backup camera technology” into vehicles a few years ago most people marveled at the latest advance on our already quite impressive in-car experience. However, most people probably did not realize the tremendous safety implications, and even fewer, likely would have the guessed the technology may become mandatory on all cars.

Well that once far-fetched reality seems to be exactly what is happening. Drawing on recent studies, the National Highway Traffic Safety Administration (NHTSA) has decided to mandate that the majority of new cars, minivans, and SUVs in the United States must have backup cameras installed by 2018. Originally NHTSA had only recommended the cameras, but after reconsideration, decided to make it a formal rule that manufacturers had to follow. According to the NHTSA the safety benefits far outweigh the costs, which the agency estimates at about $140 per unit.

The NHTSA ruling comes on the heels of a comprehensive study conducted by the Insurance Institute for Highway Safety (IIHS). IIHS concluded that backup cameras are superior to parking sensor technology using radar. Also, Consumer Reports released data showing approximately 300 people are killed and 18,000 suffer injuries annually as a consequence of drivers backing up without being able to properly see behind them. The dangers of these “back-over” accidents are particularly acute for children who are often unseen and unaware of the risks that drivers may be negligent in backing up. Overall, this is a positive development as no one-child or otherwise-should become the victim of driver negligence if there are practical ways to avoid it.

Filed Under: Blog, Car Accident

Important Advice for Area Bike Riders

April 24, 2014 By

As cold winter weather leaves us for spring’s warmth and eventually the heat of summer many area residents will be dusting off their bikes, taking them out of their garages and onto the road for some healthy exercise and fun. However, in addition to always taking the proper safety precautions such as wearing a helmet or using lights at night riders and following all applicable laws there is one rule in particular that all DC-area cyclists need to know: contributory negligence.

Contributory negligence is an old “common law” doctrine holding that if a person is injured in part due to his or her own negligence (i.e. his or her negligence “contributed to” the event that caused the injury) the injured person is not entitled to collect any money damages from the other party involved. Under this system if the injured person is 1% negligent and the other party is 99% negligent they do not get a single penny of recovery under the law.

Sound harsh? Yes it does – and that is because it is. As the law evolved the results of contributory negligence lead the vast majority of states to change this rule in favor of “comparative negligence” where the injured person may still recover money damages, but the amount of money may be lessened due to their own negligence that also caused the accident. That 1% versus 99% example seems a lot fairer under that system. Currently only four states (and the District of Columbia) still apply “pure” contributory negligence along the common law lines. However, two of those states are Maryland and Virginia-placing the entire area under this regime.

Therefore, it is critical that area residents know what this rule means in practice. For example, if a rider wears headphones and gets into an accident this may bar recovery, especially if local law (as is the case in Virginia) classifies this behavior what is called negligence per se. That means that under the law the headphone-wearing rider is negligent as a matter of law no matter what other circumstances may or may not have played into the accident and he or she will not be able to recover even from a driver who admits or is found negligent. The same result may happen if the cyclist is speeding or in violation of some other traffic rule they may or may not know of.

There is one major caveat to all of this: the negligence of the injured person must have actually contributed to the cause of the accident. So, if a cyclist is riding at night without proper lights and reflectors and is struck in a well-lit parking lot their negligence may not have actually been a partial cause of the injury. Under this system it becomes essential that riders are extremely careful in what they say and whom they speak with in the aftermath of an accident. Being injured on the roads is a stressful and difficult ordeal, and because one small act of negligence may prevent all recovery those on the other side of the dispute will be digging for this information. This may all seem like a draconian rule or a relic from history, but even if sometimes unfair it is the law and resident bike riders are better off knowing how it works.

Filed Under: Blog

Distracted Pedestrians Are Walking the Path to Injury

April 11, 2014 By

With devices and phones becoming more mobile and entertaining, it’s a common sight to see one walking with their eyes glued to their cellphone, or their ear buds tucked into their ears  humming along to their favorite tune,  instead of paying attention to what they are doing and where they are headed.  Whether it be crossing the street into traffic on a red light, heading towards that crack in the sidewalk, or obliviously strolling behind that car getting ready to back out from the parking space at the mall, the path of the PDA is leading to more and more to the path of personal injury for distracted pedestrians. Just like it isn’t a good idea to drive with your eyes on your cell, the same goes for the pedestrian, who is more vulnerable if hit by a moving vehicle. We all have a duty to protect ourselves from peril.

Typing that text message or fiddling with your settings on your iPod, it is now habit for many, and as a result, more people have landed themselves in the hospital caused by their wandering eyes and ears. In 2010,  the Center for Disease Control noted that over 2,500 pedestrians were taken to emergency rooms in the United States from injuries related to cellphone usage while they were walking. According to a study published in the Accident Analysis and Prevention Journal that number is likely closer to 1 in 2500. The amount in 2012, nearly doubled since the original survey was conducted, and this number is likely higher since not all the incidents are reported. This is more likely to happen to people between the ages of 16 to 25 , who now wear these device just like they wear clothes .

A recent Australian study shows that people walking with cellphones aren’t able to walk in a straight line while reading or texting. This distraction also caused test subjects to walk slower, unevenly with rigid posture and poor balance.  Then there was the story of a woman who fell into a bay because she was checking Facebook, which went viral . Yup, she walked right off a pier in Melbourne,  and unfortunately she didn’t know how to swim. She called for help and nearby police saved her. She was taken to a hospital for treatment and was lucky to come away with no permanent injury.

Another man was so busy chatting on his cellphone that he didn’t realize that he was walking onto the train tracks in Philadelphia. He was lucky there were no trains approaching, but it took him a while to recover from the fall off the platform on to the tracks.

Unfortunately, a New York City woman died after she fell in a gap between two subway cars. She was crushed by the train’s wheels and was dragged for two stops. Video footage shows the woman’s head was down and authorities believe she was distracted by her cellphone and texting or reading email. A Seattle woman was killed after being hit by a truck while she was chatting on the phone with a friend. She was on the way home after dinner and she had ignored honking in the background as she walked on the road and was engaged her conversation as the truck came from behind.

In a review of pedestrian fatalities in 2010, the Office of the Police Chief for Orlando, Florida found that almost twenty (20%) per cent of the pedestrians involved in accidents were distracted by means such as using a cell phone; MP3 player; a mobile device; pushing a shopping cart; walking a dog; or riding a skateboard. While it’s not illegal to cross the street distracted, many police agencies have launched awareness programs, including radio and TV campaigns to get the word out and  ensure that pedestrians pay attention when they’re crossing intersections.

If there’s a green light that gives vehicles the right of way, it’s still important that drivers continue to watch out and yield for pedestrians who might not be paying attention. Vehicle drivers should check that pedestrians make eye contact with the driver before walking, or honk to get their attention.

Pedestrians should stay alert and keep their head up, especially when crossing the roads. If they are listening to music, it’s important that it’s not turned on too loud that they can’t hear anything. Also, they should look both ways before crossing and not play with electronics while crossing.

Filed Under: Car Accident, Personal Injury, Uncategorized

The News About GM Ignition Switches Only Getting Worse

April 11, 2014 By

In its lead story, the CBS Evening News (4/10, lead story, 2:50, Pelley, 5.08M) reported that it “got worse” on Thursday for GM “and the owners of more than two and a half million recalled cars.” CBS (Glor) added that GM said that in addition to the problems with the ignition, “keys in the recalled vehicles can be pulled out while the engine is running.” CBS also said that GM announced that it suspended two engineers as part of the ignition switch investigation.

The New York Times (4/11, Vlasic, Subscription Publication, 9.65M) reports GM said “it had suspended two engineers, with pay, as part of its internal investigation of its decade-long failure to recall defective ignition switches in Chevrolet Cobalts and other small cars.” Reps. Tim Murphy (R-PA) and Fred Upton (R-MI) said in a statement, “Although the two employees on leave played a part in G.M.’s safety failure, there are still many unanswered questions about who else was involved and the extent of the breakdown.”

The Wall Street Journal (4/11, Bennett, Lublin, Subscription Publication, 5.51M) reports that GM on Thursday estimated that the costs of repairing the recalled vehicles had climbed to $1.3 billion, which is more than three times the company’s original estimate.

Filed Under: Blog, Personal Injury

WRONGFUL DEATH SUIT AGAINST U. OF ALABAMA FOR STUDENT WHO FELL OVER SIDE OF RIVER BOAT DURING SORORITY PARTY

April 9, 2014 By

The family of a University of Alabama student who drowned in the Black Warrior River in April 2012 has filed a $10 million wrongful death lawsuit days before Alabama’s statute of limitations would have prevented them from doing so.

Charles Jones is the father of Tre Jones, a 20-year-old University of Alabama student who fell into the river during a sorority’s party on the Bama Belle riverboat in April 2012. He filed the lawsuit Friday and wants $10 million for his son’s death, claiming that several parties should be held responsible for it.

Charles Jones alleges that several people were tasked with making sure no underage passengers drank alcohol that night but failed to keep his son from doing so. He also complains that not enough was done to try to save Tre as soon as he fell in the water. According to the lawsuit, a deckhand saw the man fall overboard and struggle on the surface of the river, but boat officials made no effort to stop immediately and attempt to rescue him. Divers found his body in deep water around 3 p.m. the following day.

According to the complaint, an autopsy indicated the student’s cause of death was drowning and acute alcohol intoxication, and a toxicology report showed his blood alcohol content to be .133 g/100 ml.

Included in the defendants Charles Jones named in the lawsuit are the Tuskaloosa Riverboat Company, who owned and operated the Bama Belle at the time; Stand Alone Security, a local company hired to keep the party safe and prevent minors from drinking on the boat; and the Delta Sigma Theta sorority, who hosted the riverboat party.

Jones claims that those parties failed to prevent his son from drinking and getting drunk, failed to supervise him and keep him from falling overboard, failed to rescue him and failed to notify authorities of his plight in a timely manner.

Filed Under: Blog, Premises Liability, Wrongful Death

Fraternity Parties Coming Under Attack for Rash of Sexual Assaults

March 31, 2014 By

Fraternities and their famed parties have been a part of the American collegiate experience almost as long as colleges and universities themselves have existed. Unfortunately, the issue of sexual assaults at fraternities, and on college campuses generally, has become a major national problem garnering a lot of attention and raising many important questions.

A recent case from Wesleyan University in Connecticut highlights many of these issues. An undergraduate student there has filed suit against both the Psi Upsilon fraternity’s national organization and the local Wesleyan chapter where an alleged rape took place at a typical fraternity party. The suit claims that because the fraternity house is on campus it is therefore “university housing” and thus has a duty to keep its residents and guests safe. It goes on to note that under the school’s Community Standards and Residential Regulations the hosts of events are to be held liable for harm endured by guests. The assailant and individual fraternity members are also named as defendants, but Wesleyan University it not. As for the party itself the scene described is all-too-regular: a “wildly out of control” affair with numerous underage and “extremely intoxicated” students stopped being fun and turned into a nightmare for this particular freshman. The alleged assailant was expelled after internal University disciplinary proceedings were brought.

This case raises many of the complex issues associated with liability for the events at fraternity parties on the part of the fraternity as an organization and college where it resides . The quasi-official status of the fraternities varies in how much they are recognized by each school, and the relationship of each individual “chapter” to the national organization make these difficult cases. There is also the issue of alcohol, which more often than not plays a role in these unfortunate events, and this complicates the picture further.

If you or your child has suffered from a fraternity-related event, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Rockville attorney. Our office is conveniently located in Rockville, Maryland.

Filed Under: Blog, Personal Injury

Wrongful death lawsuit against Maryland

March 26, 2014 By

A twenty-six-year-old man with Down syndrome died while in the custody of Frederick County sheriff’s deputies. Because those deputies are employed by the state, the family bringing the wrongful death action has added Maryland as a defendant in the action.

The man died of asphyxia in January when three deputies, who were moonlighting as mall security officers, tried to remove him from a movie theater. The victim’s family alleges that due to his mental disability he could not appreciate what was going on and the officers should have recognized this and treated the situation with more careful approach.  They mistook his fear and his behavior for resistance. It had been reported that the man was in the Frederick theater without having purchased a ticket for the movie.

The bereaved family has also named Regal Cinemas Inc. and Hill Management Services Inc. along with the three deputies as defendants in the complaint.

This kind of senseless death saddens us all. Stuart Plotnick helps families like this recover the compensation they need. If your loved one was taken too soon because of the negligent acts of someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda wrongful death lawyer.

Filed Under: Uncategorized

Why teens texting and driving is so dangerous

March 25, 2014 By

 

We have all heard or seen the commercials that warn against texting and driving, but how many of us really pay attention to the warnings. Have you ever reached for the phone to read that text that comes in while you are at the wheel? As dangerous as it is for adults to distract themselves for a split second, the statistics show that it’s even more hazardous when teens do it.

  • Teens are responsible for 10 percent of crash fatalities
  • Over half of teens admit to texting and driving
  • Forty one (41%)  percent of teens admit to emailing while driving
  • Twenty Four (24%) percent of teens admit to  surfing the net while driving

Studies suggest that texting, emailing or web-surfing take your eyes off the road for about 4.6 seconds, long enough to drive the length of a football field. Teens lack the experience on the road to handle distractions and emergencies. Although no one should text and drive, the habit has deadly repercussions when teens practice it. So put your cellphone in park when you drive.

If you’ve been injured in an accident with a teen driver who was texting, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda car accident attorney.

Filed Under: Uncategorized

Do I have a Slip and Fall Case?

March 25, 2014 By

Thousands of people receive injuries every year from falling on someone else’s property, particularly when there are snow or ice conditions.  However, not every slip and fall injury leads to an actionable case. These cases can be very hard to navigate because there is always the defense that if the injured party saw the snow or ice, or whatever the condition, but still chose to walk over or on it, he/she assumed the risk of falling.  The best way to find out if you have a slip and fall case is to call an experienced slip and fall lawyer. In Rockville, Maryland, call 301-251-1286 to speak with Stuart Plotnick about your potential case.

You may have a legal case for your slip and fall if:

  • You sustained serious injuries in your fall.
  • You were injured on property owned by someone else.
  • The owner or landlord of the property owed you a duty to inspect and maintain the property.
  • Failure to uphold that duty resulted in your injury.

Each case presents unique challenges for proving fault or injury. Trust an experienced slip and fall lawyer to help you recover the compensation you deserve.

If you are suffering with severe injuries from a slip and fall, please contact the Law Offices of Stuart L. Plotnick, LLC today for your consultation.

Filed Under: Personal Injury

Do I have a Medical Malpractice Case?

March 10, 2014 By

If you have been injured because of the negligence of your doctor or other medical professional, then you may have a medical malpractice case. Simply being dissatisfied with the treatment you received is not enough to amount to an actionable claim.

Common malpractice claims include:

  • Delayed or missed diagnosis
  • Wrong site surgery or other surgical errors
  • Prescription errors
  • Birth injuries
  • Hospital and Prescription errors, including those that lead to infection or dangerous side-effects

A doctor must fail to perform up to the medical standard that is acceptable in that community and therefore these types of cases are difficult to prove and almost always require a medical expert in the same field to provide testimony that your doctor did something wrong. In addition, if no injury of consequence results from your doctor’s error there may be no claim as well. You should consult a medical malpractice attorney as soon as you realize that an injury has occurred because of the malpractice of your health care providers.

If you have suffered injuries at the hands of your doctor or other medical professional, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda medical malpractice attorney. Our office is conveniently located in Rockville, Maryland.

Filed Under: Medical Malpractice

$120,000 Settlement to Baltimore Slip-and-Fall Victim

March 4, 2014 By

A Baltimore, Maryland, woman tripped on an uneven sidewalk, broke her right wrist, and injured her right arm and her back in the fall. Her medical bills were in excess of $50,000 in medical treatments, and she lost more than $15,000 in wages.

Originally, she sued the owners of the home that she fell in front of, but they were dismissed from the case in December because the City of Baltimore owned the sidewalk . The City of Baltimore was the remaining defendant, and the case was set for trial in March. Initially, the victim sought $500,000 in damages, but the parties settled for $120,000.

Although slip-and-fall cases are common, they usually are very difficult due to win and are hotly contested due to the fact that the hazard might be in plain sight, and thus the Plaintiff may have been able to avoid it. However, in this case an uneven sidewalk is not easy to spot.  Here, the danger of the sidewalk, coupled with the victim’s severe injuries in this case resulted in a high settlement.

If you have suffered serious injuries in a slip-and-fall on someone else’s property, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda personal injury attorney. Our office is conveniently located in Rockville, Maryland.

Filed Under: Personal Injury

Legislators In Maryland Seeking to Clarify Dog Bite Law Could Make Proving Liability for Dog Attacks More Difficult

February 26, 2014 By

Maryland legislators will be reviewing proposed legislation this session that would require dog bite victims to prove that the owner of the dog knew or had reason to know that the dog was dangerous.

This is a major step back from the Maryland Court of Appeals decision handed down in 2012, which labeled pit bulls as “inherently dangerous.” That ruling allowed victims to hold landlords and homeowners responsible for their injuries without proving their knowledge of the dog’s past behavior.

The 2012 decision sparked controversy over labeling certain breeds as inherently dangerous, which imposed essentially automatic or strict liability on the dog owner for the attack.  Since that decision, animal rights advocacy groups have been lobbying hard for a breed-neutral law under the notion that the types of dogs covered i.e. pit bulls, are not naturally more hostile or dangerous, but are made that way due to the treatment and training by the owner. If this legislation goes through the compromise creates more difficult hurdles for victims to prove their case and receive the compensation they deserve for their injuries, particularly in those cases where the dog seems to be a member of a known “dangerous” breed.

If you or a loved one has been bitten by a dog and suffer from severe injuries, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Maryland dog bit attorney.

Filed Under: Dog Bite

Motorcycle Safety in Maryland

February 18, 2014 By

Riding a motorcycle can feel like a day of freedom, especially this time of year when the snow, ice, and colder temperatures can keep you off the bike for weeks and even months at a time. When you do get the chance to ride, though, remember these safety tips to keep you and your passengers safe.

  • Always wear a helmet. It’s the law in Maryland, and it can prevent severe brain injuries.
  • Do your pre-ride check to make sure your lights, brakes, and turn signals are all functioning properly.
  • Obey posted speed limits and brake slowly.
  • Keep out of blind spots of other drivers.  This is one of the main causes of car-motorcycle accidents.
  • Never drink and ride. It’s not worth the risk of serious injury or fatality to you, your passenger, or the people sharing the road with you.
  • Do not try to short cut traffic ahead, by driving up the middle or in between lanes to get ahead.

If you are suffering from injuries sustained in a motorcycle accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced motorcycle injury attorney. Our office is conveniently located in Rockville, Maryland.

Filed Under: Car Accident

Change in Court interpretation of insurance policies to benefit consumers?

February 6, 2014 By

This year the Maryland Court of Appeals will hear arguments in a case involving the collapsed carport of Gregory and Moria Taylor. State Farm Fire and Casualty Co. denied a claim filed by the couple because their insurance policy covered the collapsing of a “building” and the company did not consider the carport a building.

Most states require consumer insurance policies to be interpreted to the benefit of the consumer. Maryland, however, has followed a different standard that allows the insurance company to interpret their own policy as long as they act in good faith and their definitions comply with the reasonable and commonly accepted understanding of the words used.

The Court of Appeals will decide this year whether to follow the trend to require the interpretation of ambiguities in the policy to favor the consumer instead of the insurance company. This case could be a great victory for consumers in our state.

If you have been denied unfairly for your insurance claims, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick for your consultation with an experienced Maryland attorney. Our office is conveniently located in Rockville.

Filed Under: Blog

Maryland Court Upholds Enforcement of Play-Area Waivers

December 27, 2013 By

The Maryland Court of Appeals recently decided a case that effects the rights of parents to bring negligence actions against retailers and potentially other forms of businesses, who provide play areas for children on their premises, while their parents shop.

In the case against BJ’s Wholesale Club, Russell and Beily Rosen brought a lawsuit against BJ’s after their five-year-old son was injured in the play area known as “The Incredible Kids’ Club” at its Owings Mill, Maryland store. The parents had signed a waiver of liability before their son could enter the play center. During play, their son fell from a three-foot-tall plastic statue of Harry the Hippo onto a concrete-like surface.

The child suffered an acute epidural hematoma and was treated at Sinai Hospital and Johns Hopkins. The parents sued BJ’s for damages of 5 million dollars for failing to exercise reasonable care by placing a climbing toy on an unpadded concrete area.

The Court held that the parents are responsible for their child’s welfare and must weigh the risks of signing a waiver. The injury waiver or agreement was valid because it did not effect public interests.

If you or a loved one is suffering with injuries sustained at the hands of someone else, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda injury lawyer. Our office is conveniently located in Rockville, Maryland.

 

 

Filed Under: Personal Injury

Relief for Your Family After a Fatal Car Accident

December 24, 2013 By

Losing a loved one as the result of a fatal car accident is devastating to you and your entire family. Rockville attorney Stuart Plotnick helps families seek the compensation they need to begin the long recovery process and secure their financial and emotional recovery.

We understand that no amount of money will ever heal the wounds of losing a loved one to a car accident, but it can help ease the financial strain that your family will face in the coming months and years; however, as a loved one and dependent, you are entitled to recover compensation for medical expenses, funeral expenses, and lost wages of the deceased, including the lifetime support he/she would have provided had the accident never occurred. You may also be entitled to a financial award for the emotional pain and suffering caused by the loss of your loved one; the loss of relationship, companionship, and support.

Talking with an experienced accident attorney is the best way to know whether your family can recover compensation for your loss.

If you have lost a loved one because of a fatal car accident in the Rockville area, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation. Our office is conveniently located in Rockville, Maryland.

Filed Under: Car Accident

Who Can be Held Responsible for Slip and Fall Accidents?

November 28, 2013 By

Slip and fall accidents can cause serious personal injury. Property owners have a duty to keep their property maintained to ensure the safety of visitors. When a property owner or person in control of the property is or should be aware of a dangerous condition, they must take steps to repair the cause of the danger or warn visitors of the hazard on the property if they can not be fixed or corrected to a safe state. This duty can extend from simple removal of snow or ice to placing a wet floor warning signwhen the floor is mopped.

Anyone who owns or retains authority over property may be held liable for dangerous conditions that cause harm to visitors. Potential defendants in slip and fall cases include:

  • The owner of the property
  • The landlord responsible for the property
  • Lessees or tenants of commercial or residential property
  • The local, city, state or federal government when the accident occurs on public property
  • Mass transit authorities, e.g., Metro or WMATA

If you or a loved one has suffered severe injuries as a result of a slip and fall on someone else’s property, you may be able to recovery compensation. Please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Rockville, Maryland, slip and fall lawyer.

Filed Under: Personal Injury

Winter Weather Driving

November 19, 2013 By

With cooling temperatures of winter comes ice and snow. While it may be beautiful to watch the flakes fall, it can be very dangerous to drive through the snow and ice. To keep you safe this holiday season, Bethesda area car accident attorney Stuart Plotnick offers these winter driving tips:

  • Slow down and leave plenty of room behind the car in front of you. Slick roads make stopping more difficult.
  • Give yourself extra time to get to work or your destination.
  • Be gentle on the brakes. Braking hard can send your car into a skid and out of control.
  • Keep your windshield and lights clean for better visibility in bad weather.
  • Be careful on bridges and overpasses. They usually freeze faster.
  • Avoid using cruise control on icy roads. You should be in full control of your vehicle so you can quickly handle issues or emergencies that arise.
  • Take extra care, slow down, even if you have four-wheel or all-wheel drive. Some drivers think they make you invincible on the road.  While these cars may do better in snow, ice is ice. Even very capable vehicles can run into trouble in harsh winter driving conditions.
  • If you do not really have to be out on the road in such conditions, then do not risk it.

If you or a loved one has been injured in a winter weather car accident, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Bethesda area car accident attorney. Our office is conveniently located in Rockville, Maryland.

Filed Under: Personal Injury

Types of Medical Malpractice

November 14, 2013 By

Most of us trust that doctors and other medical professionals have our best interest at heart and will perform as they need to in order to help us find our way back to health. However, too often medical professionals commit medical malpractice because they let their standard of care fall below the accepted standards in our Rockville community.

Common types of medical malpractice include:

Any of these can cause significant harm to the patient and leave them much worse off than they were when they sought medical assistance. No one should suffer injuries at the hands of their physician or medical staff.

If you or a loved one has suffered injuries at the hands of a medical professional, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Rockville medical malpractice attorney.

Filed Under: Medical Malpractice

Concussion Education for Student Athletes

November 5, 2013 By

A concussion is a form of Traumatic Brain Injury (TBI), which is caused when the brain as the result of impact or a whiplash type movement bangs into the skull. In order to increase parent and student athlete knowledge about concussion risk and help protect student athletes from sustaining brain injuries from repeated concussions, the Virginia legislature enacted a statutory provision that mandates concussion education for student athletes and parents before tryouts for sports; Virginia Code 22.1-271.5 – Policies on concussions in student-athletes. 

Students and parents must complete separate programs and sign a statement acknowledging receipt of information on the short- and long-term effects of concussions on athletes’ health.

In addition to education, the statute provides safety precautions for student athletes. If a student athlete is suspected of sustaining a concussion or brain injury during a practice or a game, the coaches or adults in charge of the game or practice should remove the student from the activity and he or she should not be returned to play the same day or until the student is cleared by a licensed health care provider to return to play. We are seeing this on a daily basis with our professional athletes such as players in the NFL.  Virginia is seeking to make sure, that our kids, who are more fragile, don’t take any greater risk.  Numerous other states have passed or are reviewing such legislation.

If your child has sustained injury from concussions during participation in sports, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Virginia brain injury lawyer.

Filed Under: Brain Injuries

What is a Traumatic Brain Injury?

October 28, 2013 By

In general, any kind of blow to the head or severe jostle can lead to traumatic brain injury (TBI). Falls are the number one cause, followed by auto accidents and blows to the head. Washington DC traumatic brain injury attorney Stuart L. Plotnick can help you fight for the compensation you need after such a traumatic injury.

Traumatic brain injuries are ranked by severity:

  • Mild
  • Moderate
  • Severe

If you have suffered a mild TBI, you might have lost consciousness for several seconds or a few minutes. You probably awakened feeling dazed or confused.

Moderate TBIs are often characterized by longer period of unconsciousness. This can last anywhere from a few minutes to several hours. If you have suffered this type of TBI, you may awake in a hospital, in a decreased mental state and with limited physical abilities.

Severe TBIs often have more serious impacts. With a serious TBI, you may suffer amnesia or slip into a coma. You may have permanent disabilities and a significant amount of brain damage.

If you or a loved one has suffered a traumatic brain injury, please call 301-251-1286 today or contact the Law Offices of Stuart L. Plotnick, LLC for your consultation with an experienced Washington DC traumatic brain injury attorney. We represent clients in Virginia, Maryland, and Washington DC.

Filed Under: Brain Injuries

Inadequate Security and Premises Liability

October 24, 2013 By

Property owners have certain responsibilities to keep their premises reasonably safe. These responsibilities vary depending on the type of property and your status as a visitor at the property. When certain locations – college campuses, hotels, parking garages – are not kept safe, then tragic events or accidents can result, including sexual assault, murder, robbery, shootings and other crimes.  These fall under the doctrine of law and duty of inadequate security.  Property owners, landlords, shopping malls, hotels and motels, college campuses have a duty to protect their consumers from dangers they know or should know about.  They must know the character of their surroundings and that includes for the risk of a crime to a person on the property and take adequate measures consistent with the level of risk, whether it be a new lock on the door or a security force who patrols the premises.

Some examples of inadequate security that can lead to serious injury are:

  • Faulty or inadequate locks
  • Faulty or inadequate lighting
  • Failure to warn of known criminal activity or danger
  • Failure to install security cameras
  • Failure to provide security personnel in certain situations

Inadequate security can lead to catastrophic injuries and trauma, and in some cases have caused fatalities.

As your aggressive advocate, premises liability lawyer Stuart Plotnick will determine if the property owner was negligent in his or her duties to maintain a safe environment, and if you were injured as a result of this negligence. We will be at your side to provide support and help during this traumatic time.

If you or a loved one was seriously injured because of inadequate security and want to know if you have a case, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation with our experienced Maryland premises liability attorney.

Filed Under: Blog

Common Causes of Truck Accidents

October 14, 2013 By

There are many steps involved in a tractor-trailer operation. Not only do trucks require special skills and training to drive, they also must be maintained and loaded a certain way. The driver is not always the cause of a truck accident. There are in fact a number of parties who may at fault.

Some of the common causes of truck accidents include:

  • Driver fatigue or lack of adequate rest
  • Driver intoxication
  • Driver error
  • Overloaded cargo
  • Unbalanced cargo
  • Poor truck maintenance
  • Failure to check and secure cargo properly

The person responsible for causing the accident could be the driver, the trucking company, the truck owner, the manufacturer of a defective truck part, another party or all of the above. Our experienced truck accident attorney, Stuart L. Plotnick, knows how to investigate the details of your case to determine who is at fault. For example, drivers are supposed to log their driving and rest time, they of course are required to have active CDL licenses as well.  Also, most trucks are required to maintain or have a “black box” similar to what we hear about in airplanes, which records things such as speed, hours of operation and movement. The rules that apply to truck safety and operation are not the same as those that apply to ordinary passenger vehicles.  They are more strict and require more safeguards.  If you choose us to represent you, we will tirelessly pursue compensation for your recovery from your injury and investigate the role that every party who had some responsibility for the safe operation of the truck that was involved in your accident.

If you have been injured in an accident that was not your fault and want to pursue compensation for your injuries and other damages, please contact the Law Offices of Stuart L. Plotnick, LLC to schedule a consultation with our experienced Maryland truck accident attorney. We also represent clients from Virginia and Washington DC.

Filed Under: Blog
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